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Reps, AGF square up over MTN fine

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The lower legislative chambers and the Attorney- General of the Federation and Minister of Justice, Abubakar Malami are at daggers drawn over the reduction of the N1.04trillion fine imposed on MTN Nigeria by the Nigerian Communications Commission, NCC, Ripples has learnt.

According to the House, the AGF has no right to negotiate a reduction of the N1.04 trillion fine imposed on MTN by NCC for violating sections 19 and 20 of the registration of Telephone Subscribers Regulation, 2011.

To this end, the House has resolved to set up an ad hoc committee to investigate where the AGF derived the power to negotiate a reduction of the fine from and if he is not usurping the powers of the legislature.

The ad hoc Committee will also investigate if the NCC also has the authority under the law to reduce the fine, which under sections 19 and 30 of the law are fixed, and if this does not amount to amending the law without recourse to the National Assembly.

The resolution of the House was sequel to the adoption of the prayers of a motion sponsored by a member, Hon. Ehiozowa Agbonayinma, on the floor at plenary on Wednesday.

The lawmaker, while arguing the motion, said: “MTN ought to have been fined under both Section 19 and Section 20 respectively with cumulative penalty of N3.120 trillion and not the N1.04 trillion which is a gross violation of the combined reading of both section 19 and Section 20 of the Nigerian Communications Commission (NCC) Act.

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The lawmaker said the action of MTN has resulted in the loss of the lives of many Nigerians, and that the way the organisation has behaved to the Communications committee investigating the issue, its as if they are beyond the oversight of the Nigerian Parliament.

He prayed: ” That the committee on Telecommunications investigates the extent to which the non- compliance of MTN to the provisions of the law allegedly led to the death of over 10,000 Nigerians and whether MTN can escape criminal liability under the law by merely paying fines no matter how punitive the fine may be.”

Members of the House who spoke in support of the motion include both the Majority Leader of the House, Hon. Femi Gbajabiamila and the Minority Leader, Leo Ogor.

Gbajabiamila challenged the legality of the recovery fund into which MTN’s N50billon was paid into. He opined that it violates Section 80 of the constitution that says all monies accruing to the country must be paid into the consolidated revenue fund.

Ogor said the principle of separation of powers is being violated by the action of the AGF, adding that negotiating a fine fixed by law is an amendment which is vested in the parliament.

The Speaker of the House, Hon. Yakubu Dogara opined that the fine given to MTN is fixed by law and no authority can reduce it unless the law is amended by the parliament.

He therefore announced the constitution of the ad hoc committee to further investigate the matter.

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