MTN held to fine-payment deadline in Nigeria


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ABUJA, Nigeria - Nigeria said it expected telecoms giant MTN to meet the Thursday deadline for payment of a record $3.9-billion (R60-million) fine despite the South African operator challenging the penalty in court, reported on Friday.

The Nigerian Communications Commission (NCC), the country’s telecoms regulator, had in October fined the firm for rmissing a deadline to disconnect 5.1million unregistered SIM cards, citing security concerns in a country plagued by frequent kidnappings and an extremist Islamist insurgency by Boko Haram.

It imposed a whopping $5.2-billion fine, reduced to $3.9-billion  following an appeal by MTN. 

“If MTN fails to meet the deadline today [Thursday], the regulatory body will enforce the fine,” Nigerian communications ministry spokesman Victor Oluwadamilare said.

Oluwadamilare said the pending legal proceedings had nothing to do with the payment deadline, saying “the court case is not tantamount to extending the deadline.” 

Johannesburg-based MTN declined to offer a detailed response on Thursday, but said earlier this month it would launch a legal challenge in the Federal High Court in Lagos against the fine, and expected all parties “to restrain from taking further action” until the case was concluded.

When contacted for comment on Friday, Funso Aino of MTN Nigeria said "based on the lis pendens rule (pending legal action) all parties are enjoined to restrain from taking further action until the matter is finally determined. This is consistent with previous judicial decisions in Nigeria.

"Notwithstanding the lawsuit, we will continue to engage with the Nigerian Authorities to try and ensure an amicable resolution in the best interests of the company, its stakeholders and the Nigerian authorities."

Aino urged MTN&39;s customers not to panic and said the company did not envisage any disruption to their operations.

MTN disconnected millions of unregistered subscribers in Nigeria at the end of August, it reported in its quarterly performance update in October, adding that 3.4 million of those subscribers had since been reconnected.  Nigeria’s four major phone companies have routinely been fined in the past for regulatory infractions but none has received as big a punishment as MTN.

The initial fine of $5.2-billion was more than MTN’s total sales in Nigeria in 2014 and the equivalent of about 37 percent of the group’s total revenue, according to Bloomberg News. 

“The fine is really unusual, it’s far and away bigger than anything we’ve seen globally and anything we’ve seen in Nigeria,” Amy Cameron, telecoms analyst at BMI Research, a market research firm, told AFP.

“Normally when it goes to arbitration like this, it would make sense that the NCC can’t impose the fine until there’s a decision from the court,” Cameron said, speaking from London.

“I would expect that it’s highly unlikely that MTN would pay anything.”

Nigeria, Africa’s most populous country of 170 million people, is MTN group’s largest market with 62.8 million subscribers. It operates in 22 countries in Africa and the Middle East.

“MTN is committed to Nigeria and it’s going to stay there. Nigeria is its most profitable market and it has no intention of leaving,” said Cameron.