Court strikes out MTN’s N3 billion suit against Abubakar Malami

The Federal High Court in Lagos has struck out N3 billion fundamental rights enforcement suit filed by telecommunications firm, MTN Nigeria Communications Limited, against the Attorney-General of the Federation (AGF), Abubakar Malami (SAN).

MTN had filed the suit to challenge an August 20, 2018 letter written to it by the AGF, demanding $2 billion in alleged unremitted tax.

Justice Chukwujekwu Aneke struck out the suit yesterday after being told that the AGF had withdrawn the demand letter from MTN.

Counsel for the AGF, Habibat Ajana, had called the attention of the judge to a January 8, 2020 letter by the AGF to MTN, wherein the Chief Law Officer said he had reviewed the issue and had decided to withdraw the demand letter for $2 billion tax.

MTN’s lead counsel, Chief Wole Olanipekun (SAN), said having withdrawn the demand letter, his client would drop its suit against the AGF.

Consequently, Justice Aneke struck out the suit.

In the suit, MTN had prayed the court to award N3 billion against the AGF for rights infringement.

Olanipekun had argued that in writing the demand letter to MTN, Malami acted beyond his powers and violated the provisions of Section 36 of the constitution on fair hearing with “the purported revenue assets investigation” he carried out on the firm’s activities covering 2007 to 2017.

The court had on May 8, 2019 ruling dismissed AGF’s preliminary objection to the suit.