FCCPC withdraws breach of compliance case against MTN Nigeria executives

The Federal Competition and Consumer Protection Commission (FCCPC) has filed to withdraw its alleged breach case against MTN Nigeria’s MD/CEO Karl Toriola, alongside other senior executives. The development marks a new turn in a case that dates back to July 2024. 

FCCPC had previously charged the officials with alleged breaches of the FCCPC Act. Alongside Toriola, other MTN Nigeria officials charged are Chief Corporate Services and Sustainability Officer Tobechukwu Okigbo, and General Manager of Regulatory Affairs Ikenna Ikeme.

The accusations stem from their purported failure to comply with a lawful summons requiring the submission of documents and information.

Per Nairametrics reports, the FCCPC’s notice of withdrawal of charge was filed by the commission’s lawyer, Nsitem Chizenum. The case would have seen the arraignment of the MTN Nigeria officials before the Federal High Court, Abuja, on September 25. The commission’s withdrawal came while the arraignment was pending.

The FCCPC’s withdrawal was in accordance with the Administration of Criminal Justice Act and under the court’s inherent jurisdiction.

Section 107 of the Administration of Criminal Justice Act stipulates that any criminal proceeding for an offence created by an Act of the National Assembly, at any stage of the proceeding before judgment, may be discontinued by the Attorney-General of the Federation (and agencies under the AGF).

“Take notice that the complainant doth hereby wholly withdraw the charge and discontinue the proceedings against the defendants,” part of the Commission’s withdrawal notice reads.

While the arraignment of MTN Nigeria’s executives was slated for Thursday, 25 September, the court did not sit due to the absence of presiding Justice Hauwa Yilwa. The case was subsequently adjourned to October 30, 2025.

At next month’s resumption, the FCCPC’s notice will be orally adopted by the prosecution before the court passes its verdict, according to court rules. 

Also Read: MTN Nigeria CEO Karl Toriola appointed Vice President of Francophone Africa.

Recap of FCCPC’s filing against MTN Nigeria’s officials

The FCCPC lawyer, Nsitem Chizenum, had accused Toriola and others of evading service of court-associated documents. It noted that the MTN Nigeria executives failed to produce documents and information required by the commission in compliance with a lawful summons as enshrined in the FCCPC Act.

The case, marked FHC/ABJ/CR/354/2024, lists MTN Nigeria Communications Plc as the first defendant, with Toriola, Okigbo, and Ikeme named as the second, third, and fourth defendants, respectively. 

The two-count charge, dated July 19, 2024, and filed on July 22, 2024, by a legal team led by Akoji Achimugu, alleges non-compliance with FCCPC regulations. 

In the two-count charge, MTN Nigeria Communications Plc, Toriola, Okigbo, and Ikeme were accused of failing to produce documents and/or information which they were required to produce on June 18, 2024, “in compliance with a lawful Summons and Request to Produce, dated May 17, 2024.” 

Count two states that “the defendants were alleged to have, on or about June 18, 2024, in furtherance and continuation of extant refusal to produce documents and supply information required by the commission under statutory notice and demand, impeded and obstructed the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and/or information requested.” 

According to FCCPC, the actions contravene Section 33(3) of the Federal Competition and Consumer Protection Act, 2018.

During a prior court session, FCCPC counsel Chizenum Nsitem informed Justice Yilwa that the defendants were absent. Nsitem then requested additional time to review the file, prompting the judge to adjourn the matter to May 28, 2025.

In a recent development, MTN Group announced that Karl Toriola will assume an additional role as Vice President of Francophone Africa, effective November 1. The development is part of MTN’s strategic shift and leadership change across several markets.

According to the telecom operator, Karl Toriola’s additional responsibility is to ensure the growing market share of operations in the Francophone Market. The MTN Nigeria CEO will look to bolster the performance of the group in markets such as Senegal, Cameroon and Côte d’Ivoire.