The Federal High Court, Abuja Division, on Thursday struck out the criminal proceedings instituted by the Federal Competition and Consumer Protection Commission (FCCPC) against MTN Nigeria Communications Plc and some of its senior officials.
Justice Hauwa Yilwa, in her ruling, terminated the case following an application for withdrawal filed by FCCPC’s counsel, I.O. Aiaba, pursuant to Section 108 of the Administration of Criminal Justice Act (ACJA), 2015.
At the resumed hearing, Aiaba informed the court that a formal notice of withdrawal had been filed on 8 September 2024. He accordingly adopted the application and urged the court to strike out the charge. Neither the defendants nor their counsel were present in court.
Consequently, the court struck out the matter.
The FCCPC had filed a two-count charge (Suit No: FHC/ABJ/CR/354/2024) against:
1. MTN Nigeria Communications Plc (1st Defendant)
2. Karl Toriola, Managing Director/CEO (2nd Defendant)
3. Tobechukwu Okigbo, Chief Corporate Services & Sustainability Officer (3rd Defendant)
4. Ikenna Ikeme, General Manager, Regulatory Affairs (4th Defendant)
The defendants were accused of failing, without sufficient cause, to produce documents and information required by the Commission in compliance with a lawful summons dated 17 May 2024 (later extended by a letter of 5 June 2024).
The alleged offence was said to contravene Section 33(3) of the Federal Competition and Consumer Protection Act, 2018, and punishable under Section 111(2) of the same Act.
The charge was filed on 22 July 2024 by a team of lawyers led by Akoji Achimugu.
At earlier proceedings, FCCPC’s counsel, Nsitem Chizenum, had alleged that the defendants were evading service of court processes.
The Commission disclosed that efforts to serve the defendants proved abortive, prompting involvement of the Nigeria Police Force to compel their attendance.
The matter had been adjourned to 28 May 2024 for arraignment, but the defendants failed to appear.
With the Commission’s subsequent withdrawal, the proceedings have now been formally struck out.
