A High Court in Osun State has issued a formal writ of summons to MTN Communications PLC over a defamatory statement against the state government.
The writ signed by the Court Registrar, which was obtained by our Correspondent, on Tuesday in Osogbo, stated that the defendant should appear in court within 42 days of receiving the summons, inclusive of the day of service.
The writ explicitly warns that judgment may be rendered in the defendant’s absence should they neglect to appear or respond to the legal notice within the given period of time.
Recall that the Osun State Government had filed a three billion naira lawsuit against telecommunication giant, MTN Nigeria Communications PLC, for alleged defamation.
The state government, in the suit filed before the Osogbo High Court, accused MTN of publishing false information about the state.
Joined as claimant in the suit marked number HOS/99/2024, is the state Attorney General, Jimi Bada.
The claimants alleged that the telecommunications giant published false information about the state in some national newspapers.
The claimants alleged that the telecommunications giant published false information about the state in some national newspapers.
They noted that MTN’s claim that Oodua Infraco Resources Limited is a company owned by the state government, and the government tried to collect money for the right of way is not only false but damaging.
The claimants sought the declaration of the court that “the statement published by the Defendant on 16th and 19th of August, 2024 is false, malicious, injurious and calculated to damage the image of the Claimants.
“A DECLARATION that the statement published by the Defendant on 16th and 19th of August, 2024, has maliciously injured the Claimants.”
They also sought an order of the court, “directing the Defendant to make and/or render a public, clear, and unequivocal retraction of the said publication vide paid adverts in ten newspapers with national circulation.
“AN ORDER directing the Defendant to render and tender unreserved apologies to the Governor of Osun State for the publication of malicious/injurious falsehood published by the Defendant.
“AN ORDER of perpetual injunction restraining the Defendant, either by themselves, officers, agents, privies, servants or through any person or persons whomsoever or through any means or channel whatsoever from publishing or further publishing, disseminating or further disseminating, broadcasting or further broadcasting any malicious/injurious material concerning or relating to the Claimants.
“AN ORDER of perpetual injunction restraining the Defendant either by themselves, officers, agents, privies, servants or through any person or persons whomsoever or through any means or channel howsoever from making available to any third party for publication, broadcasting, disseminating, or for any other purpose whatsoever any malicious material or any other such item concerning or relating to the Claimants.
“The sum of N3,000,000,000 (Three Billion Naira) as general and aggravated and exemplary damages for the malicious/injurious falsehood published by the Defendants on 16th and 19th August 2024.
Meanwhile, the consultant to the Osun State government on telecommunications infrastructure, Global Transactions Nigeria Limited has disclosed that a criminal case has been reported against MTN for breaches of the Osun State Environmental Protection Law 2022.
The Director, Data and Project Management of the company, Morenike George-Taylor said the matter has been reported to the Osun State Police.
George-Taylor said despite the ongoing disputes regarding an outstanding payment of 945 million Naira owed to the Osun State government, MTN cables are reportedly still being laid by Oodua Infraco Resources Limited.
She added that letters have been sent to the Office of the National Security Adviser and the Federal House of Assembly, while the Nigerian Communications Commission (NCC) has also been notified of the development.
George-Taylor emphasized that these actions would form the basis of a landmark case against the Critical National Infrastructure Bill, passed in June 2024. She stated that telecommunications companies cannot evade their tax obligations by hiding behind legal statutes.
Efforts to get the reaction of MTN proved abortive as of the time of filing this report.
