I write in reference to your recent editorial on the fine imposed on MTN. Beyond the issues so eloquently articulated in the piece, I believe that the fine in the sum of N1.04 trillion(Later reduced to N780Billion) is ultra vires for the simple reason that the commission lacked the legal power, under section 12(1)(c)(ii) of the interpretation act, to exceed the sum of N100 per contravention of the Nigerian Communication Commission(Registration of Phone Subscribers) regulation 2012. To the extent that the commission purported to empower itself, vide regulation 19, 20 & 21 of its said regulations, to impose fines on telecom service providers at the rate of N200,000 per contravention, the NCC simply exceeded its power under the provision of the interpretation act. Hence, my belief that the said fine is invalid, null and void. In my opinion, the size of the fine ought not to have exceeded the sum of N520Million based on the total number of allegedly unregistered subscribers(5.2Million) on MTN's network multiplied by the sum of N100 as stipulated under the said provision of the interpretation act.

Abubakar D. Sani, Abuja





http://www.pressreader.com/nigeria/thisday/20151216/281638189154547/TextView (readable with google chrome browser)

http://www.nigeria-law.org/Interpretation%20Act.htm (Nigerian Interpretation Act)

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