Court strikes out Etisalat’s suit against MTN

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(Nigeria) A Federal High Court sitting in Lagos, has strike out the suit by Etisalat against MTN and Visafone over the acquisition of the CDMA operator.
Trial judge, Justice Ibrahim Buba in his ruling on  MTN’s and Visafone’s preliminary objection challenging the jurisdiction of the Federal High Court to adjudicate on the matter, struck out th suit.
The ccourt upheld the defendants’ argument, as canvassed by Mr. Niyi Adegbonmire, SAN (MTN’s and Visafone’s counsel) and struck out the matter on the following grounds:
The court held that Etisalat failed to fulfil condition precedent as required by the Nigerian Communications Act as Etisalat failed to exhaust the judicial review process as mandated by law. Specifically, the court considered Etisalat’s action as an attempt to circumvent the judicial review process.
The court added that Etisalat’s complaint was hinged on the administrative powers of the Nigerian Communications Commission who had already approved the transaction between MTN and Visafone and as such, both Visafone and MTN were not relevant parties to the suit. 
It said that the suit, as filed by Etisalat, was incurably bad and could not be remedied.
According to the court, NCC was empowered to determine actions which constitute anti-competition and had actually informed Etisalat, in writing, that the transaction between Visafone and MTN did not lower competition in the telecommunications industry.
The court found that the letter, which was also exhibited in court, was fatal to Etisalat’s case.
The court also faulted the approach by Etisalat in instituting the action contrary to the provision of the Nigerian Communications Act. 

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