FCCPC to Arraign MTN Nigeria CEO and Executives on May 28 for Alleged Non-Compliance
The Federal Competition and Consumer Protection Commission (FCCPC) has announced the scheduled arraignment of Mr. Karl Toriola, the Chief Executive Officer of MTN Nigeria Communications Plc, along with other senior executives, on May 28, 2025. This legal action stems from allegations of their failure to comply with lawful summonses issued by the FCCPC, as mandated under the Federal Competition and Consumer Protection Act (FCCPA).
Alongside Mr. Toriola, the individuals facing arraignment include Mr. Tobechukwu Okigbo, Chief Corporate Services and Sustainability Officer, and Mr. Ikenna Ikeme, General Manager of Regulatory Affairs at MTN Nigeria. The charges, filed under case number FHC/ABJ/CR/354/2024, pertain to the alleged refusal to furnish documents and information requested by the FCCPC during its investigative processes. Such non-compliance is considered a violation of the provisions outlined in the FCCPA.
The case was initially presented before Justice H.J. Yilwa of the Federal High Court in Abuja. However, during the session, the defendants were notably absent. The FCCPC’s legal representative, Mr. Chizenum Nsitem, communicated to the court his recent engagement with the case, requesting additional time to thoroughly review the case file. Consequently, Justice Yilwa consented to adjourn the proceedings, rescheduling the arraignment for May 28, 2025.
This development is set against a backdrop of recent legal affirmations of the FCCPC’s authority. On February 7, 2025, the Federal High Court in Lagos upheld the commission’s jurisdiction over competition and consumer protection matters within the telecommunications sector. This ruling dismissed challenges to the FCCPC’s mandate, reinforcing its statutory powers to regulate and oversee compliance across various industries, including telecommunications.
MTN Nigeria has been entangled in prior legal disputes concerning regulatory compliance. Notably, the Nigerian Copyright Commission (NCC) had filed charges against MTN Nigeria Communications Ltd., Mr. Toriola, and other executives, alleging unauthorized use of copyrighted musical works between 2010 and 2017. These allegations involved the distribution of artist Maleke Moye’s musical works as caller ring back tunes without proper authorization, thereby infringing upon the artist’s copyright.
The forthcoming arraignment underscores the critical importance of adherence to regulatory frameworks governing corporate operations in Nigeria. The FCCPC’s actions reflect a broader commitment to enforcing compliance and ensuring that corporations operate within the legal boundaries established to protect consumer rights and promote fair competition.
As the May 28 arraignment date approaches, stakeholders within the telecommunications industry and the broader business community will closely monitor the proceedings. The outcome of this case may have significant implications for regulatory compliance practices and corporate governance standards in Nigeria. It also serves as a pertinent reminder to corporations about the necessity of cooperating with regulatory bodies and the potential legal consequences of non-compliance.