The Abuja Division of the Court of Appeal has dismissed an appeal filed by MTN Nigeria Communications Limited challenging a decision of a Federal High Court striking the case filed against the telecoms company by a former governor of Osun State, Mr. Olagunsoye Oyinlola.

At the preliminary stage of the suit in which Oyinlola sought a payment of N150 billion from both the MTN and the Nigeria Communications Commission (NCC) for alleged failure to protect him, he sought to discontinue the case and the trial judge, Justice B.N. Aliyu consequent struck it out.

But MTN disagreed saying that the trial judge ought to have dismissed the suit. It eventually appealed to the Court of Appeal asking the appellate court to set aside the high court’s judge order striking out the case and its place to issue an order of dismissal.

MTN argued that the parties had already joined issue when the plaintiff sought to discontinue the case.

However, the appeal court rejected the company’s argument and held that the trial judge was right in striking out the case. It consequently dismissed the appeal as lacking in merit.

Oyinlola had in the suit accused MTN of lying to the National Judicial Council (NJC)  that the NCC made it mandatory for service providers to keep record of calls logs for two months.

He had asked the court to declare that NJC failed to protect him from unfair practices of MTN.

He also asked the court to hold that MTN failed in its duty to be accountable and responsive to his needs.

But in a counter affidavit, MTN denied any wrong doing and denied the allegation.

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