Court Dismisses FCCPC Criminal Case Against MTN
The Federal High Court in Abuja on Thursday struck out the criminal case filed by the Federal Competition and Consumer Protection Commission (FCCPC) against MTN Nigeria Communications Plc and its top executives.
Justice Hauwa Yilwa made the ruling following an application by FCCPC’s lawyer, I. O. Aiaba, seeking withdrawal of the suit.
Aiaba informed the court that a notice of withdrawal had been filed on September 8, 2025, citing Section 108 of the Administration of Criminal Justice Act (ACJA), 2015, and prayed that the charges be struck out.
No lawyer appeared for the defendants, and they were also absent from court.
Consequently, Justice Yilwa struck out the case.
MTN Nigeria, its Managing Director and Chief Executive Officer (MD/CEO), Karl Toriola, and other top executives, including Tobechukwu Okigbo, Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs, were facing prosecution by FCCPC over alleged violations of the commission’s Act.
The FCCPC had filed a two-count charge accusing the defendants of failing to produce documents and information required under a lawful summons, contrary to the provisions of the Federal Competition and Consumer Protection Act, 2018.
The charge, marked FHC/ABJ/CR/354/2024, was dated July 19, 2024, and filed on July 22, 2024, by a legal team led by Akoji Achimugu.
In the first count, the defendants were alleged to have, on or about June 18, 2024, failed without sufficient cause to provide documents and information requested in a lawful summons dated May 17, 2024, which compliance was later extended by a letter dated June 5, 2024.
The prosecution said this constituted an offence under Sections 33(3) and 111(1) of the FCCPC Act, punishable under Section 111(2).
The matter had been scheduled for plea on May 28, 2025, but the defendants did not appear in court.
Previously, FCCPC, through its lawyer Nsitem Chizenum, had accused the MTN CEO and his co-defendants of evading service of court documents.
Chizenum said several efforts to serve the processes on the defendants were unsuccessful, prompting the involvement of the Nigeria Police Force to ensure their appearance.
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