Controversy is trailing an NCC decision to reduce the fine imposed on MTN from about N1.04 trillion to about N300 billion only. The House Committee on Communications has led the criticism of the decision suggesting that it may well be illegal. According to Fijabi Akinade, chairman of the House’s committee on communications
“In the NCC Act and ancillary laws that were used to fine them, there is no where it was stated that the fine could be reduced. And as a House we are still maintaining our earlier stand that MTN must pay the N1.04 trillion fine,”
We dug into the NCC Act looking for relevant portions of the act where the powers to impose fines were mentioned. Here they are;
Under Non- compliance with direction
55. Without prejudice to any other provision of this Act or a licence condition, a person who fails to comply with a direction of the Commission shall be liable to the payment of fine to the Commission in such amount as the Commission may at its discretion impose.
Private inquiry.
59. (5) Notwithstanding the provisions of section 55 of this Act, a person who without reasonable excuse fails to comply with a direction given under Subsection (4) of this section shall be liable to the payment of fine to the Commission in such amount as the Commission may at its discretion impose.
Under Non- compliance.
65.—(1) Notwithstanding the provisions of section 55 of this Act, a person who is subject to this Act and who fails to comply with a direction of the Commission under this Part shall be liable to the payment of fine to the Commission in such amount as the Commission may at its discretion impose.
0.—(1) The Commission may make and publish regulations for all or any of the following issues :
(a) written authorisations, permits, assignments and licences granted or issued under this Act ;
(b) assignment of rights to the spectrum or numbers under Chapter VIII, including mechanisms for rate-based assignment ;
(c) any fees, charges, rates or fines to be imposed pursuant to or under this Act or its subsidiary legislation ;
Reading through the act, we don’t see where it was mentioned that the Commission had a right to reduce fines. It was also not mentioned anywhere that any other body also had the right to reduce the fines on their behalf. What it however suggest is that the NCC can impose fines at its discretion. We will continue to track this story..
This is a big mess, the President, Vice, Attorney General and Communication Minister have brought Nigeria to. I think the NCC at this point should go to Court.
If MTN leaves, other Telecom Companies will have increased patronage and they will recruit experienced hands dropped from MTN.
BP left the USA after the Gulf of Mexico Oil leak, most of their staff got absorbed.
MTN has short-changed Nigeria for too long. Same thing Multi-Choice did after ignoring Court order went behind to shame our government.
The World is watching us!
Are we fantastically corrupt? Are there under hand dealings?