Alleged Breach: Why FCCPC withdraw case against MTN Nigeria CEO, Toriola, and others – Report

The Federal Competition and Consumer Protection Commission (FCCPC) has filed to withdraw its alleged breach case against the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications PLC, Karl Toriola, and other officials of the telecommunications giant.

This is according to the Commission’s “notice of withdrawal of charge,” filed by FCCPC lawyer Nsitem Chizenum, Nairametrics exclusively reports.

Nairametrics previously reported that the Federal High Court Abuja, had fixed September 25 for the arraignment of Toriola and others over a case concerning an alleged breach of the Federal Competition and Consumer Protection Commission (FCCPC) Act.

FCCPC Allegations

FCCPC lawyer Nsitem Chizenum had accused Toriola and others of evading service of court-associated documents in the matter.

The FCCPC had, in the charge marked FHC/ABJ/CR/354/2024, sued MTN Nigeria Communications Plc; Toriola; Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer; and Ikenna Ikeme, General Manager, Regulatory Affairs of MTN, alleging their failure to produce documents and information required by the commission in compliance with a lawful summons as enshrined in the FCCPC Act.

In the two-count charge filed on July 22, 2024, MTN Nigeria Communications Plc, Toriola, Okigbo, and Ikeme were accused of failing to produce documents and/or information which they were required to produce on June 18, 2024, “in compliance with a lawful Summons and Request to Produce, dated May 17, 2024.”

Count two states that “the defendants were alleged to have, on or about June 18, 2024, in furtherance and continuation of extant refusal to produce documents and supply information required by the commission under statutory notice and demand, impeded and obstructed the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and/or information requested.”

The Commission said the development contravenes Section 33(3) of the Federal Competition and Consumer Protection Act, 2018.

Legal Development

While the arraignment was pending, the Commission filed a withdrawal notice.

In the court document, seen by Nairametrics, the prosecution urged the court to discontinue the case in line with the Administration of Criminal Justice Act and under the inherent jurisdiction of the court.

Section 107 of the Administration of Criminal Justice Act stipulates that any criminal proceeding for an offence created by an Act of the National Assembly, at any stage of the proceeding before judgment, may be discontinued by the Attorney-General of the Federation (and agencies under the AGF).

Section 108 of the same Act also states that in any trial or proceedings before a court, a prosecutor may, or on the instruction of the Attorney-General of the Federation in cases of offences against an Act of the National Assembly, at any stage before judgment is pronounced, withdraw the charge against any defendant either generally or in respect of one or more of the offences with which the defendant is charged.

“Take notice that the complainant doth hereby wholly withdraw the charge and discontinue the proceedings against the defendants,” the Commission’s withdrawal notice partly reads.

At the resumed court session on Thursday, the court did not sit due to the absence of presiding Justice Hauwa Yilwa, who was said to be engaged in another official assignment.

The matter was subsequently adjourned to October 30, 2025.

Sources reports that in line with the rules of court, the notice will have to be orally adopted by the prosecution at the next adjourned date, upon which the court will make a pronouncement.