MTN Nigeria has launched a multimillion naira court action against the Kogi State Government and its revenue agency, the Kogi State Internal Revenue Service (KGIRS) for sealing up its base station in Lokoja, the state capital, since January 23.
Though the suit runs in variance with the earlier advise of the Association of Licenced Telecommunications Operators of Nigeria (ALTON) which was for MTN to first remit the said tax and seek redress in court, MTN’s corporate relations executive, Tobechukwu Okigbo, contended that the Minister of Finance was yet to approve the taxes being requested by the state Internal Revenue Service (KGIRS) before the seal up of BTS.
Giving additional details on the suit, MTN said, the Attorney-General of Kogi State and the Nigerian Communications Commission (NCC), were also named as parties to the suit filed at a state high court in Lokoja.
In exact sense, Okigbo averred that MTN Nigeria was asking the court for a declaration that the act of shutting down its base stations be deemed unconstitutional, null and void and a declaration that the parties involved did not have the power to perform such acts in the first place.
Other prayers of MTN in the suit include damages amounting to N5 million were being sought, including an order directing the defendants to unseal and release to it all its equipment and property.
Okigbo recalled in a statement that “This act of the 1st, 2nd and 3rd defendants has greatly affected the business and fortunes of the plaintiff,” noting that “The company has fulfilled all tax obligations”.
“To the best of our knowledge, the Minister of Finance’s recommendation as provided in the Act is yet to be issued, and as such, it is unclear if the imposition of the fee by the Kogi State Government is on a solid legal footing. As a responsible corporate citizen, we accord the highest priority to our sub-national tax commitments.
“We wish to state that we have met in full all our tax obligations to the Kogi State Government and are not in arrears.
While revealing that “MTN has provided Kogi State Internal Revenue Service (KGIRS) with documentary evidence on multiple occasions to prove its tax compliance,” Okigbo reaffirmed that “MTN remains committed to operating in the state and working with relevant regulatory authorities in reaching a lasting resolution.”
