The Nation Newspaper

Tag: Fine

  • MTN, lawyer urge court to quash NCC’s fine  

    MTN, lawyer urge court to quash NCC’s fine  

    MTN Nigeria has urged the Federal High Court, Lagos to quash the $3.9 billion sanction imposed on it by the Nigerian Communications Commission (NCC).

    The action came as a lawyer, Abubakar Sani, in a separate suit, also asked a Federal High Court, Abuja to declare the fine unlawful.

    NCC had in October sanctioned the company for allegedly failing to disconnect unregistered subscribers.

    The initial fine of $5.2 billion was reduced by 25 per cent to $3.9 billion earlier this month, with a December 31 payment deadline.

    But MTN, through its lawyers led by a former Nigerian Bar Association (NBA) President Chief Wole Olanipekun (SAN), is challenging NCC’s powers to impose the fine.

    It argued that NCC, being a regulator, could not assume all the functions of the state.

    MTN said the commission could not make the regulation, prescribe the penalty and impose the fine payable to it and not to the Federal Government.

    The firm alleged that it was not afforded its constitutional right to fair hearing before a court of competent jurisdiction.

    Besides, MTN said it had not been found guilty of any offence that would warrant it to pay such a fine.

    It contended that the sanction imposed on it by NCC was within 24 hours of its written submission on the disconnection exercise and the impractical nature of the NCC deadline.

    According to MTN, the deadline of seven days to disconnect 5.2 million subscribers was grossly inadequate and impracticable.

    The telecoms company said the deadline was unfair and ran contrary to the requirement to give adequate notice to the subscribers to update their records.

    It accused the regulatory agency of acting as a legislator, executor, accuser, prosecutor, judge and beneficiary of the penalty.

    MTN said NCC’s N200,000 per SIM sanction was excessive, being the highest fine ever imposed on a telecommunications company in the world.

    The company wondered if the fine is truly commensurate with the purported breach and if it would not frustrate its business in Nigeria.

    Attorney-General of the Federation (AGF) Abubakar Malami (SAN) is also a defendant in the action.

    MTN urged the court to determine whether having regard to Sections 1 (3), 4 and 6 of the 1999 Constitution (as amended), the regulatory agency can validly enforce Section 70 of the NCC Act in a manner that encroaches on the exclusive legislative powers of the National Assembly, as well as the judicial powers of the courts established under the Constitution.

    It said having regard to the express tenor of sections 1 (2), 4 and 6 of the Constitution when read together with Section 70 of the NCC Act, whether the commission’s promulgation of regulations 11, 19 and 20 of its Act (Registration of Telephone Subscribers) Regulations 2011 is not ultra vires its subsidiary rule-making powers.

    It also wants the court to determine whether the regulations did not amount to an encroachment on the National Assembly’s legislative powers, as well as the courts’ judicial powers.

    Sani, in his suit, among others, argued that it was illegal for NCC to impose a fine of N200,000 per contravention on any of the four mobile telecommunication companies operating in the country for any breach of its regulations.

    The suit has as defendants NCC, MTN, Emerging Markets Telecommunications Services Limited (Etisalat Nigeria Limited), Globacom Limited and Airtel Networks Limited.

    He urged the court to order NCC to give account of and refund the money it had collected from the four telecommunication companies as fines/penalties in excess of the N100 per contravention for any alleged contravention of the NCC (Regulation of Telephone Subscribers) Regulations 2011.

    Sani, in a supporting affidavit, stated that the NCC had on two occasions imposed fines on the four mobile telecommunication companies for contravening some provisions of the Regulations 2011, under which it imposes N200,000 per contravention.

    He gave an instance in April 2013 when the telecommunication companies were made to pay a cumulative fine of N53.8 million (MTN, N29.2 million; Etisalat, N5 million; Globacom, N11 million and Airtel, N8.6 million).

    He also cited the N1.04 trillion fine NCC imposed on MTN for allegedly refusing to deactivate 5.2 million unregistered/irregularly registered subscribers.

    Relying on Section 12(1)(c)(ii) of the Interpretation Act, Sani argued that the NCC Regulations 2011, being a subsidiary legislation, enacted by the NCC pursuant to Section 70(1) of the Nigerian Communications Act 2003, cannot empower NCC to impose fines in excess of N100.

  • MTN’s reduced fine

    MTN’s reduced fine

    • We support the intention but wonder if it was legally done

    The whopping N1.4 trillion fine imposed on the global telecommunication giant, MTN, for having 5.1 million unregistered subscribers on its network, was not arbitrary. According to the regulatory agency, the Nigerian Communications Commission (NCC), MTN admitted the infraction, and had pleaded for mercy. Lending his voice to that plea, the newly appointed minister for communication, Adebayo Shittu, shortly after his appointment, said that the fate of MTN on the fine imposed by law was in the hands of President Muhammadu Buhari, who would discuss with his South African counterpart, at the sidelines of the recent China-African summit in South Africa.

    In answer to that plea, the fine imposed on MTN has now been reduced to N780 billion. Pressed to explain the principle behind the reduction, the Director, Public Affairs of NCC, Tony Ojobo, said, “At that time, of course, the NCC Board had not been constituted, no minister, the authority of the President was required for such a decision to be taken in the absence of the minister, and so the commission had to notify the presidency”. His explanation did not, however, explain, whether the commission or the President has power to administratively amend the extant regulation or the yardstick used to impose the fine.

    We appreciate the argument by the minister, that “Nobody wants MTN to die” and the reemphasis that “It is not in the interest of Nigeria for MTN Nigeria to die”. As a corporate entity, and employer of labour contributing its quota to the economic development of Nigeria, it is indeed in our nation’s interest that the telecommunication company should survive and grow. But it is in our higher national interest that under a democratic government, administrative bodies operate in accordance with clearly definable standards and procedures, if they are not to be accused of acting arbitrarily.

    While the President has enormous powers as the country’s chief executive, such powers can only be legitimately exercised in accordance with the provisions of the constitution, laws, legislations, sub-legislations, rules and regulations. Much as we sympathise with MTN, reduction of a fine imposed on her by a law or regulation, in our view, can only be legitimately reduced by another law or regulation. We doubt if the argument of Mr. Ojobo, that “The stakeholders looked at it with all the pros and cons and reduced the fine by 25 per cent”; is not an arbitrary exercise of administrative power.

    Except of course the so-called stakeholders are by law or regulation empowered to determine the fine to be imposed for the infraction under review. Strangely, in determining the reduction of the fine, a new set of controversy was introduced. In the initial letter sent to MTN, and made available to the press, the fine was reduced by 35 per cent. Twenty-four hours later, 10 percent of the fine was reinstated, and the telecommunication giant was now granted a 25 percent waiver. Reinstating that only 25 percent waiver was granted, the NCC claimed that the original communication was in error, and should be disregarded.

    The NCC owes Nigerians more explanation than it has offered. If the discrepancy was an oversight, then it was grievous. Does it mean that the decision to reduce the fine was not communicated to the author of the letter in writing? If truly the decision was made after “the stakeholders looked at it”; how come such an important document was sent out without the chief executive of NCC taking a look at it, and confirming the content. We urge NCC not to muddle the appreciable integrity gained by our regulators, especially since the coming to power of Buhari’s presidency.

  • Group hails NCC’s N1.4tr fine against MTN

    Group hails NCC’s N1.4tr fine against MTN

    A civil society group, Advocacy for Societal Rights Advancement and Development Initiative, (ASRADI) has hailed the decision by the Nigerian Communications Commission (NCC) to sanction mobile telephone giant, MTN Nigeria Nigeria Communications for allegedly flouting it’s directive.
    NCC had, last week, imposed a fine of N1.4 trillion on MTN for its failure to register 5.1 million SIM cards owners as directed by the commission. It gave MTN a deadline of November 16 to pay the fine or face stiffer sanctions.
    ASRADI, in a statement issued on Sunday and signed by its Executive Director, Adeolu Oyinlola,‎ commended what it described as “NCC’s bold step” and said it was gratifying because it could never have happened before now.
    The group particularly, commended the current leadership of the NCC, for mustering the courage to impose the stiff penalty on MTN for allegedly breaching existing regulations.
    While arguing that it would be infantile for MTN to claim not to know the laws,ASRADI stated that laws are rules with predictable consequences in individual cases; known publicly in advance, and administered impartially with respect for the right to due process.
    ASRADI also alleged that contrary to the Consumer Code of Practice’s stipulation that service providers should release 12 months of Call Detail Record to subscribers upon request, MTN stubbornly only released call logs spanning three months.
    It said that MTN could not, in good conscience, claim that it did not have ample time to comply with the regulator’s legitimate and lawful instructions/directive.
    “We note with dismay and disappointment, however, that unpatriotic rent-a-commentator elements have invaded the public space with sponsored denunciations of what, ordinarily, is an administrative procedure that is well grounded on the Nigerian Communications Act, 2003.
    “One would have been concerned, were this sanction visited on MTN arbitrarily, whimsically or based on a retroactive piece of legislation or rule. Have those defending MTN asked themselves why it is the only service provider slammed with such a hefty fine?‎”
    ‎”Since MTN willfully and deliberately injured 170m Nigerians by keeping 5.1m unregistered/improperly registered SIMS that could potentially be deployed to devastating use by kidnappers, armed robbers, insurgents and terrorists on its network, it (MTN) must be made to face the music,” the statement added.
    ‎”The November 16 deadline set for payment of MTN’s penalty must, therefore, remain sacrosanct if the Nigerian Communications Commission wants to be taken seriously henceforth.”
    It accused some officials of NCC of aiding service providers to flout existing regulations and promised to assist the commission’s new leadership with information.
    “We, as a CSO, would be willing to volunteer information at our disposal in this regard, at very short notice,” the group said.

  • Ideye: I’ll be fine before Saturday

    Ideye: I’ll be fine before Saturday

    Just like West Bromwich Albion manager, Alan Irvine said earlier that Brown Ideye’s injury was not serious, the player himself has revealed that it’s not that serious as earlier thought.

    Ideye got his first goal for West Brom in a Capital One Cup match against Hull City. His goal came in the 15th minute and his celebration alongside his team mates showed how important that goal is to the Nigerian.

    Ideye took to Twitter to reveal around 11:49am that he hopes to be fine before the Baggies next game and also appreciated his fans.

    “@OfficialIdeye: Thanks everyone for the love, my injury is not that serious, hopefully I will be fine before the next game,thanks once again #GreatGod,” Ideye tweeted.

    West Bromwich Albion manager, Irvine had earlier said that he doesn’t think the injury to Ideye was that serious.

    “We are still waiting to assess the damage but we do not think it is too serious at this stage.”said Irvine

  • Ogun trains Fine Art pupils

    A total of 50 pupils  – all budding fine artists – males and females, converged on the Ogun State’s Gallery of Arts Hall, June 12 Cultural Centre, Abeokuta, for a five-day training in practical artwork.

    The participants, drawn from selected public secondary schools in the state, were tutored by professionals on how they could hone their talent to make them excel in any of the branches of art – painting, ceramic, textile design, and sculpture among others.

    The workshop tagged: ‘Ogun Arts Heritage’, which also featured career talk, among others, was organised by the state’s Ministry of Culture and Tourism and sponsored by the GTBank, Custodian, Sovereign Trust Insurance and First Marina Trust Ltd.

    The Commissioner for Culture and Tourism, Mrs Yewande Amusan, said the programme, which would be continuous, seeks to develop and strengthen the children’s interest, skills and talents in art.

    Mrs Amusan noted that in this modern age, art goes beyond “drawing,” adding that  the state is bent on  exposing the kids to possibilities in art, that they can create wealth from waste via art and create employment for themselves and others in future using art.

    She said: “We want to encourage our children to express themselves and develop their skills in arts. The essence is to expose them to professionals in the field, who would teach them the techniques they need to acquire to become career person in arts, create wealth from waste and also create employment.

    “Art is not just about drawing it is also about communication, making those kids to see prospect in art and to fall in love with it.”

    Mr Lekan Onobanjor, Head resource person from Harmattan Workshop, advised the pupils on the need to dream big about art work, define what they hope to become in future and to set goals as well as vehicles for attaining them.

    He said: “You should benchmark and dream to be a better fine artist, aspire to have great people look at your art work. You also dream of representing Nigeria in the global art competition.

    “Feel free to dream what you want to be in life. Without dream, you can’t go far and you don’t just stop at dreaming, you have to make it happen. People who want to be great mathematicians always practice mathematics; you see them  solving maths problems always.

    “So, if you want to excel in art, you must practice it regularly. You can’t just fold your hands and believe God will help you out. No. It doesn’t work that way. Do practice to be perfect.

    Define yourself.  Do you want to be a great painter, ceramic, sculptor, fashion designer?

    “Make your vision clear to make it easier for you to execute. If you want to be a painter, set goals for yourself and don’t think you are too young to dream, set long term and short term goals and also define how to reach your goals.

    “And know that gossiping and idling about will not take you to your goal. So be focused and committed to be becoming successful career person in any field of arts.”

     

  • LATENESS TO TRAINING: Yobo fined N1.6m

    LATENESS TO TRAINING: Yobo fined N1.6m

    • Emenike honoured by Golf Club

    Eagles skipper Joseph Yobo has been slapped a $10,000 (about N1.6m) fine by Turkish club Fenerbache after he reported late to training.

    Yobo, who trained with the rest of the team for the first time on Thursday after being sidelined with a knee injury for over three weeks, was reported to have showed up at the team’s training ground late and that did not go down well with the management and so the hefty fine, according to fanatik.com.

    Otherwise, Yobo, wearing a new bearded look, was superb at training, a performance that was praised even by his team mates.

    In the meantime, compatriot and Fenerbache teammate Emmanuel Emenike has been honoured by the Turkey Golf Club.

    Emenike entered the history book in Turkey as one of the first set of Fenerbahce players to be hosted by the prestigious Golf Club.

    Emenike was honoured and hosted by Kemer Golf Country on Thursday alongside his team mates Dirk Kuyt, Saleh and Caner. The event which was staged at the club in Holmen, saw the players trying their skills on the golf course.

    Emenike is expected to lead the Turkish giants alongside Moussa Sow today at home against Elazigspor.

    The 2013 AFCON goal king is still searching for his first goal for the Turkish team since his big-money move this summer from Russian club Spartak Moscow.

  • Fine hour for girl who writes with her toes

    Fine hour for girl who writes with her toes

    Lagos company offers her job, scholarship to university

    When mid last year, The Nation newspaper broke the story about Patience Ijeih, the young girl who writes with a pen between her toes, it was just like one of those stories. But a few weeks afterwards, Patience once again hit the news when she passed the General Certificate of Education examination after two years of depression.

    She had summoned courage to face the rigour of the examination, having had her results seized by the examination body two years earlier. Patience had told us then that the news of her seized result depressed her, pushing her to shelve the thought of ever going to the university again.

    “I was not happy,” she said then, “and I told myself to forget about education. I floated. I didn’t have anything that I wanted to do again. I just wanted to float. But early last year, I started seeing my mates moving on in life, people who I knew that I am even more brilliant than, and then I started thinking of putting in for the GCE examination again. But this time around, I was not as enthusiastic as before. I did it with less interest.”

    This time around, however, her results were released and she came out in flying colours. We wrote then that there was now hope for the girl who writes with her toes. The truth is that, Patience Ijeih told us then that she was now sure, she was getting closer to achieving her dream of pursuing a university education.

    “Now, that I have passed, I am sure that by the grace of God once again, I am going to further my studies. This has given me hope that I may one day be an undergraduate. Though I would have loved to go into the university and study Law, people are telling me that taking such a course is very expensive. I would also love to study Mass Communication, but I also hear that it is expensive.

    “These are the only courses that appeal to me. But you know, my mom is late and my dad is in the village and my brother is just managing. We don’t have any rich person in my family. I can only continue to pray and hope that God makes a way for me,” she had told us then.

    Today, those words have somewhat turned to prophecy. Patience Ijeih had cause to worry that she might perhaps never have such opportunity to study within the four walls of a university. Indeed her worries were genuine because, firstly, she was born with two damaged hands, which according to her late mother, resulted from her wrong positioning during her birth. Secondly, Patience comes from a poor home, lost her mother when she was young and her father has advanced in age.

    Patience, however, trained herself early to overcome life’s circumstances. She developed the art of writing with her toes right from childhood. “I can’t remember when I started using my toes to write. I must have started very early in life because I remember that this was how I was writing while at Ikeliki Primary School in Delta State,” said Patience. “It has never been a difficult thing to do. I just sit down, put my papers or exercise book on the floor, a pencil or biro in between my toes and write. It’s very easy to do,” she said excitedly when we first met her.

    With this, she scaled through the primary school, secondary school, and even attended a computer school where she bagged a diploma. Only a university education eluded her. And this, most people she met, told her is impossible considering her circumstances. Her brother who has also been her guardian since her mom died could not help her any further because he lacked the ability.

    In the last two weeks, however, hope indeed brightened for the girl who writes with her toes. A Lagos- based organisation known as The Biostadt Company located in Ilupeju, has offered her a job and also a university scholarship once she secures an admission. She was also offered an opportunity to continue to work in the organisation, even after her university education, if she so desires.

    Overwhelmed with joy, Patience headed to her church, Living Faith Church Worldwide, Ota, Ogun State, popularly known as Winners Chapel, where she gave a moving testimony that attracted the attention of the presiding Bishop, Dr. David Oyedepo, and thousands of the worshippers who were present in the church for the first service of the day.

    Our reporters were there early in the week when Patience Ijeih began her working life, as she formally resumed duty at the Lagos-based organisation known as The Biostadt Company, which is into Agro and Pharma care. She is to work in the Managing Director’s office as secretary.

    Receiving her, the MD, Prince Emmanuel Ajayi, said: “This is an organisation that believes in equal opportunities for the male and the female. We like to take affirmative action when it concerns physically challenged people. We are proud and happy to contribute to the lives of people, and we want this company to be for everyone, Nigerians and non-Nigerians alike and whether physically challenged or not.

    That is the kind of company that we are building. We believe that we must give back to society and there is no limit to what you can give back to society. We have had to be involved in the VVF cases in Zamfara State, Motherless Babies’ Home in Abeokuta, The Federal School of Rehabilitation in Emene; even the recent flood in some parts of the east of Nigeria, where we donated materials to ensure that cases of diseases were minimised. We see it as our little quota to the development of our society.”

    With those words, the MD welcomed Patience Ijeih to the organisation with a warm handshake.

     

    I’m Over whelmed says patience 

    We spoke to Patience afterwards:

    So how do you feel now that you have got a job?

    I feel very happy. I thank God for this company that has given me this job.

    Were you expecting this kind of miracle?

    Well, no.

    How did you get to know about the job and scholarship offer from the company?

    It’s the principal of the school who called to tell me. She told me that there was a company that wanted to see me. So on getting there, I saw the officials from the company and to my surprise, they offered me a job and also told me about the scholarship.

    What was your first reaction?

    It was as if I was dreaming. I was so happy because I had been praying that God should bring my helper to me. That God should bless someone who will then help me. Even now, I am still amazed.

    You were probably expecting a small miracle. Now, you have got a big one. Are you scared that you may not be able to cope with the challenges of working in a big organisation like this?

    I am not afraid; this is what I asked from God and He has now done it for me. I am well prepared. I will do my best since God has provided me this opportunity

    How about school?

    I will go back to school when it is time for school. I have already made preparations for the forthcoming JAMB (pre-university) examination.

    How about your brother?

    He was very happy too.

    Last Sunday, you met Bishop David Oyedepo of Winners Chapel (Excitement beamed on her face)

    That is the church I have been attending since 2010.

    But all this while, you must have been a quiet nobody and since you usually cover your hands with a shawl, we are sure that people did not even know you had such a challenge in the church (Laughs). You gave a testimony in the 50,000-capacity auditorium. We have always thought you to be a shy person. What prompted you to give the testimony? And was that the first time you ever gave a testimony in a church?

    Yes, it was the first time I have ever given a testimony in a church. And I did it because the testimony is too big for me. In my family, we had never received such blessings from God and so, I had to do it. The bishop is always saying that if you hide your blessings or testimonies, more will not come. But that when you share it, more will come.

    That also motivated me to give the testimony. I know that naturally, I am a shy person, but I believed that God would give me the courage and when it was time, I suddenly found the courage to stand up and testify. I suddenly found the boldness.

    Bishop Oyedepo was pleasantly surprised and marvelled at your exceptional ability to use your toes to write and pass examinations

    (Laughs) Ha, that is okay.

    The Bishop actually thought you were writing with your left hand, but he later realised that it was your legs, he was so surprised that he invited you back to the altar and offered special prayers, using you as a point of contact for others who are also looking towards God for a miracle

    (Tears flooded her eyes) I don’t know what to say. I am still overwhelmed with joy. Somebody even came to meet me that the Bishop wanted my contact. So I gave the person my phone number.

    So what do you have to say to the company that has been so generous to you?

    I thank them. I am too grateful; my prayer is that God should increase this company. I have thought very well about what has suddenly happened to me and I am just too overwhelmed. This company has removed my shame; they have wiped away my tears and taken away my hardship. I am also grateful to The Nation newspaper which that started it all for me.

     

    ‘We are ready to help her fulfill her dreams’

    Mrs. Aramide Ola Edwards, Corporate Services Manager, The Biostadt Company, explains the organisation’s plans for

    Patience, in this brief chat with our reporter

    How did you get to know about Patience?

    Actually, it was the Managing Director of our organisation that saw a story about her in The Nation newspapers. He picked it up and found it very interesting. He then sent the CSO to go and make further enquiries about her and do a thorough investigation on the story. It was just like that. Nobody brought her here to make a case for her. He saw it in the newspaper like every other Nigerian and picked interest.

    The CSO went down to the school and made enquiries to ensure that the story was genuine and authentic and that was it. We decided to have a chat with the proprietress of the school for them to also confirm the story. After then, the management decided to help her, to assist in her education and welfare.

    Has your organisation been doing this before?

    Yes, it is a culture with our organisation. It is part of our corporate social responsibility. Biostadt is actually a company that cares about life generally. We are into how we can preserve life and alleviate poverty and not just about pursuing money. We are also interested in helping people, sustaining development and eradication of poverty. For us, it is a corporate social responsibility and this is not the first. Patience’s case is not the first, but it is the first of its kind because we hadn’t had somebody like that who writes with her toes.

    Do you think she will fit into your corporate setting?

    For me, meeting Patience, I saw in her a determined young woman; somebody who is ready to achieve if given an opportunity to do what every other person can do. And after meeting with her and talking with her, interestingly, everybody shares that same opinion too; the management too. This is a young girl, who with a bit of push and the right platform, will go places. I don’t think it will be difficult for her to fit into our corporate setting. Even when she arrived for work the first time, she interacted freely, introduced herself properly she was flowing. She wasn’t timid or shy or trying to cage herself in a corner. I took her to her duty place, and at lunch period, she was all by herself, mixing freely. She blended and that is exactly what we expected.

    Do you have any scheduled future plans for her?

    Yes, we do. To start with, what Patience is doing here presently is but a temporary employment. That is what her letter says, pending when she gains admission into a higher institution. Our dream is to fulfill her dream which is to go to school. She wants to read Law or Mass Communication. We have told her that she will take JAMB. Everything is boldly written in the letter. We will make her achieve her dreams, God willing. Patience is in good hands because we are a company that believes strongly in the grace of God. That is what has brought us this far.

    Can you talk briefly about your organisation?

    This is The Biostadt Company; we have been around for a long time since 1964 as Cieba Geige. Then it was just about agro products, but along the line, there were developments as and it became Syngenta; now we are Swiss Biostadt. Now, we have three major lines of business. We have agro-care, pharma-care and medi-care. Regarding each of them, we have foreign technical partners we work with, and they are big names in the industry here and abroad. And we are sole distributors for GE, for instance. We also train doctors and medical representatives on how to use some sophisticated medical equipment. We help farmers too in co-operation with the government by supplying needed chemicals to help with weeds to help crops grow well.