FCCPC to arraign MTN CEO, others for alleged Breach of Act

The Federal Competition and Consumer Protection Commission (FCCPC) is set to arraign Mr. Karl Toriola, Managing Director and CEO of MTN Nigeria Communications Plc, on May 28.

Toriola, along with MTN Nigeria Communications Plc and other senior executives, faces charges for allegedly failing to produce documents and information required under a lawful FCCPC summons, in violation of the FCCPC Act.

The arraignment will take place before Justice H.J. Yilwa at the Federal High Court in Abuja. Alongside Toriola, Tobechukwu Okigbo—MTN’s Chief Corporate Services and Sustainability Officer and Ikenna Ikeme, General Manager of Regulatory Affairs, are named as the second and third defendants. According to the charge document marked FHC/ABJ/CR/354/2024, the suspects were charged with two counts on July 19, 2024, and the case was filed on July 22, 2024 by a legal team headed by Akoji Achimugu.

When the matter was called in court, none of the suspects were present. Justice Yilwa inquired about their whereabouts from FCCPC lawyer Chizenum Nsitem, who explained that he had just been briefed on the case and needed additional time to review the file. Consequently, the judge adjourned the matter until May 28 for the suspects’ arraignment.

In a related development, the Nigerian Copyright Commission (NCC) earlier filed a separate charge against MTN Nigeria Communications Ltd, its CEO Toriola, MTN Senior Executive Officer Nkeakam Abhulimen, Fun Mobile Ltd, and its CEO Yahaya Maibe. Filed on March 20, 2024, under the charge FHC/ABJ/CR/111/2024 before Justice Inyang Ekwo, the NCC alleges that between 2010 and 2017 the defendants “offered for sale, sold, and traded for business” the musical works of artiste Maleke Moye without his consent. The prosecution further claims that the defendants used and distributed these copyrighted musical works and sound recordings—used as caller ring back tunes—without authorization, listing tracks including “911, Minimini-Wana Wana, Stop Racism, Ewole, 911 instrumental, Radio, Low Waist, and No Bother.” A third count accuses the suspects of possessing these works beyond personal or domestic use, in violation of Section 20(2)(a), (b), and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.

Justice Ekwo adjourned the NCC matter on February 25 until May 15 for further report, following the expressed interest of the Attorney-General of the Federation to take over the case.