*Osa Director, Esq., a Lagos-based lawyer and veteran journalist, drags MTN Nigeria Communications Plc to court, in suit No. FHC/L/CS/1413/24, filed at the Federal High Court, Ikoyi, in Lagos State, accusing the leading telecoms company of ‘industry capture, undue dominance, and influence peddling’ in the country’s telecoms ecosystem

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Osa Director, Esq., a Lagos-based lawyer and veteran journalist, has dragged MTN Nigeria Communications Plc to court over alleged 鈥渋ndustry capture, undue dominance, and influence peddling鈥� in the country’s telecoms ecosystem.

In suit No. FHC/L/CS/1413/24, filed at the Federal High Court, Ikoyi, Lagos, Osa vide an originating summons is seeking the court to dissolve the Board of Directors of MTN Nigeria.

The Lagos-based lawyer and veteran journalist is accusing the telecommunications company of industry capture, undue dominance and influence peddling with the way and manner it has cleverly filled its board with men and women with industry regulatory agency experience and reach.

Osa Director, Esq., lawyer and journalist

Osa, in an affidavit, stated: “The Board of MTN being occupied by individuals who have a history of regulatory oversight, taxation authority and pensions will undermine the integrity of our various institutions and create room for influence peddling and regulatory capture.”

According to the pro-democracy activist and author of Suicide Journalism, he is compelled to file the suit as a corporate governance expert, and for his commitment to ensuring fair play and equal opportunities for all the Nigerian Communications Commission-licensed players in the telecommunications sector of the economy.

The plaintiff’s argument and prayers

In the process filed at the court, Osa is seeking the court to dissolve the Board of MTN Nigeria because the Telco has deliberately, populated the Board of Directors with persons that have industry regulatory experience in the telecommunications and auxiliary sector.

He further argued that Engr. (Dr.) Ernest Ndukwe, who is the current Chairman of MTN Board, was the pioneer Executive Vice-Chairman and Chief Executive Officer (EVC/CEO) of the Nigerian Communications Commission (NCC), which was a licensor and chief regulator of MTN.

The lawyer cum journalist also, noted Mrs. Ifueko Omogui Okauro, another Director on the Board of MTN, was the pioneer Chief Executive of Federal Inland Revenue Service (FIRS) between 2004 and 2012. During the said period, MTN was found guilty of engaging in tax evasion to the tune of $72.5million.

The pioneer Minister for Communications Technology, Mrs. Omobola Johnson is a Board member of MTN.

The Ministry is responsible for performing oversight function over MTN.

Similarly, the pioneer Director-General and Chief Executive of National Pension Commission (PENCOM), Alhaji Mohammad K. Ahmad, completes the circle of persons with regulatory agency experience, who is also on the Board of MTN.

Such constituted Board gives undue dominance and advantage to MTN over other telecoms companies in Nigeria, Osa contended.

He stated: “Indeed, it amounts to influence peddling and industry capture.”

Therefore, the reliefs sought by the Plaintiff are, a declaration that the appointments of the affected officers to the Board of MTN contravenes universally acceptable corporate governance practices.

Therefore, the court should grant an order nullifying their appointments.

A perpetual injunction restraining the affected persons, their servants, agents and or privies from either further appointing or accepting any such appointment.

The Plaintiff is also requesting the court to mandate the affected persons to refund benefits, monetary or otherwise already received by them by virtue of their appointments.

A cost of Fifty Million Naira is demanded to be awarded against the defendants.

The matter, which is coming up for hearing Tuesday, March 11, 2025, has elicited interest and attention of several Nigerians interested in corporate governance.

On need to promote healthy competition among Nigerian Telcos

Mr. Reno Omokri, former Presidential Spokesperson to ex-President Goodluck Jonathan, has thrown his weight around the Lagos lawyer.

Omokri maintained that it is necessary to shore up the revenue of the Federal Government and support President Bola Ahmed Tinubu to fulfill his Renewed Hope agenda.

One way to do that is to promote healthy competition among industry players, said Osa.

Meanwhile, the Plaintiff’s lead counsel is a pro-democracy activist, Prince Ademola Adewale, while MTN is represented by Fabian Ajogwu, SAN.

The matter is before Justice Dipeolu of the Federal High Court, Ikoyi, in Lagos.

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