Etisalat battles NCC over alleged undue advantage to MTN

Justice Mohammed Idris of the Federal High Court in Lagos will on September 25, hear a suit filed by mobile telecommunications giant, Etisalat Nigeria against the Nigerian Communications Commission (NCC) over alleged unhealthy competition and undue advantage given to one of its competitors, MTN Nigeria.

When the case was brought up for mention, Justice Idris struck out an application by MTN challenging the hearing of the matter during the ongoing annual court vacation. Counsel to MTN, Olasupo Shasore (SAN) appeared in court contesting the urgency claimed by Etisalat. Shasore urged Justice Idris that, contrary to the claim by the plaintiff, there was nothing urgent about the matter to warrant it being heard during the court’s vacation.

However, counsel to Etisalat, Kola Awodein (SAN) told the court that, even though he was only served copies of the second respondent’s papers in the evening of Friday the 31st of July 2015, he had already filed his reply to enable the case proceed to trial without unnecessary delays.

On his part, counsel to the NCC, Prof. Taiwo Osipitan (SAN) pleaded that he had just been briefed by the first respondent to make a representation; and so he would require some time to study the file. Awodein thereafter informed the court that all the parties have agreed to come back to court on September 25, 2015 for further hearing. Consequently, Justice Idris struck out MTN’s application and adjourned the case.

GUARDIAN