A Federal High Court sitting in Abuja has struck out the criminal charge filed by the Federal Competition and Consumer Protection Commission (FCCPC) against MTN Nigeria Communications Plc and three of its top executives.
The decision marks the end of a months-long legal dispute that accused the telecom giant of obstructing regulatory investigations.
The FCCPC had earlier filed a two-count charge, marked FHC/ABJ/CR/354/2024, against MTN Nigeria, its Chief Executive Officer, Karl Toriola, Chief Corporate Services and Sustainability Officer, Tobechukwu Okigbo, and General Manager of Regulatory Affairs, Ikenna Ikeme. The commission alleged that the company failed to honour lawful summons requesting documents and information related to an ongoing inquiry.
However, during the latest hearing, the presiding judge, Justice H.J. Yilwa, ruled that the commission’s case was procedurally defective and failed to establish sufficient grounds for criminal prosecution. The judge consequently struck out the charges and discharged the defendants.
According to court records, the FCCPC had accused the telecom company of violating Sections 33(3) and 111(1)(2) of the FCCPC Act, which deal with obstruction and failure to comply with regulatory summons. MTN, however, maintained that it had fully cooperated with the commission and denied any wrongdoing.
A source close to the case revealed that the decision came after MTN’s legal counsel argued that the FCCPC exceeded its statutory powers in pursuing criminal action without establishing administrative violations first. “The court agreed that the commission acted beyond its authority,” the source said.
The FCCPC is yet to issue an official statement on whether it intends to appeal the ruling, but legal experts say the judgment could redefine how regulatory agencies pursue compliance in Nigeria’s corporate sector.