Court to rule on AGF’s objection to MTN’s suit May 7 - The Nation Nigeria

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Court to rule on AGF’s objection to MTN’s suit May 7

The Federal High Court in Lagos on Tuesday reserved ruling on a preliminary objection by the Attorney-General of the Federation challenging a N3billion suit by MTN Nigeria Communication Ltd.

But, the AGF, in the preliminary objection, is arguing that the suit was statute-barred, thus robbing the court of jurisdiction. Previous correspondence from the AGF was acted upon in good faith by the company, Olanipekun continued.He posited that the organisation not only undertook the self-assessment but went ahead to submit the result of that process to the AGF’s office.

The learned SAN further argued that to the extent that the letter has not been withdrawn, the cause of action continues to exist.Counsel to AGF was asked directly whether the cause of action had been withdrawn, but he declined to respond. The AGF is contending that the suit disregarded Section 2 of the Public Officers Protection Act, which provides that any lawsuit against a public officer must be within three months of what was complained of.

 

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