Ace lawyer, Osa Director, has sued MTN Nigeria limited for corruption and conflict of interests by its act of poaching former regulatory officials and as pointing them into its board.
According to the court filings, Barrister Director asserts that it amounts to gross conflict of interest for the former head of the Nigerian Communications Commission, Ernest Ndukwe, a man that still has his loyalists in the NCC, to appointed as the board Chairman of MTN Nigeria limited, claiming that South Africa will not tolerate that.
He cited examples where South Africa’s Competition Commission moved against Facebook and WhatsApp for being a dominant monopoly by engaging in acts similar to what MTN is doing in Nigeria.
In the originating summons, Mr. Director also maintains that MTN appointed the former Executive Chairman of the Federal Inland Revenue Service, Ifueko Omoigui Okauru, as a board member, noting that the appointment is jaundiced, in that it brings about a conflict of interest where MTN, which is the second biggest firm on the Nigeria Stock Exchange, may be able to avoid paying its rightful company taxes.
Other former ministers and heads of vital regulatory sectors in our economy are on that board.
The defendants in the suit are as follows:
1. MTN NIGERIA COMMUNICATIONS PLC.
2. ERNEST NDUKWU
3. IFUEKO OMOIGUI-OKAURU
4. OMOBOLA JOHNSON
5. MOHAMMAD K. AHMAD
Mr. Director is seeking the following reliefs from the Federal High Court, Lagos:
A DECLARATION that the appointment of the 2nd Defendant by the Ist Defendant Board of Directors as its Chairman on September 20*, 2019 notwithstanding the 2 ‘ Defendant’s erstwhile position as the Vice Chairman/ Chief Executive Officer, CEO, of the National Communication Commission, the statutory regulator and licensor of the st Defendant,
violates corporate governance and amounts to an infraction of Section 306 (5) of Company and Allied Matters Act, 2020 and conflict of interest ni the 2nd Schedule of the National Communications Commission Act, 2004, since the 2nd Defendant’s duty not to misuse corporate information, does not cease with the cessation of his appointment as the Chairman of the National Communications Commission.
ADECLARATION that the appointment of the 3rd Defendant by the Ist Defendant’s Board of Directors as a Director of the Ist Defendant on September 2nd, 2019, notwithstanding the 3rd defendant’s position as the Executive Chairman of the Federal Inland Revenue Service, violates corporate governance and amounts to an infraction of Section 306(5) fo Companies and Allied Matters Act, 2020 and Section 39(2) of the Federal Inland Revenue Service (Establishment) Act, 2007 since the 3rd Defendant’s duty not to misuse corporate and confidential information, does not cease with the cessation of her appointment.
These, amongst other reliefs, are sought in suit number:FHC/L/CS/1413/24.
Mr. Director says he was inspired by the #GrowNairaBuyNaija campaign of former Presidential spokesman to take the patriotic action to protect Nigeria’s best interests and secure a better corporate responsibility from MTN Nigeria limited, especially in this period of hardship, where Nigeria needs all the revenue she can get.
