MTN Ghana withdraws case at the Supreme Court

Mobile telecom giant MTN Ghana, has withdrawn a review application it filed on Friday, 4 September 2020, at the Supreme Court, through which it sought to review the High Court’s recent decision regarding the declaration of MTN Ghana as a significant market power (SMP).

At the highest court of the land on Tuesday, 13 October 2020, Mr Anthony Forson Jr, a lawyer for Scancom Plc, mother company of MTN Ghana, informed the court that engagements between the parties and stakeholders, have necessitated a withdrawal of the case.

MTN Ghana, in a statement issued in early September, said it filed the case at the Supreme Court after a “careful review of the court’s judgment”.

On September 1, 2020, the High Court of Justice (Commercial Division) dismissed the company’s application for a judicial review of the declaration by the National Communications Authority (NCA) of MTN Ghana as an SMP.

At the time, MTN Ghana said it respected the decision of the court, “however, in our opinion, the judgement did not address our concerns that the NCA’s decision did not meet the requirements of procedural fairness”.

MTN Ghana said it acknowledged the duties and powers of the NCA to promote fair competition among licensed operators.

“We also support the legitimate exercise of the NCA’s regulatory powers, but as a good corporate citizen and considering the international investment community, we believe that a decision by the highest court of the land would provide certainty and a veritable precedence on the procedural fairness in this, and future regulatory decisions of the Authority”, the September statement signed by Mr Samuel Koranteng, Corporate Services Executive, said.

“This will no doubt safeguard the interest of customers, shareholders, investors and the wider industry.

“We believe Friday’s step still provides an opportunity for further engagements with the regulatory authorities.

“Indeed, MTN Ghana continues to reach out to the regulator and key stakeholders to have the concerns of both sides addressed in a collaborative and amicable manner”, the statement noted.

MTN Ghana further assured “its cherished customers, shareholders and other stakeholders of its unflinching commitment to its regulatory obligations and support for the Ghanaian government’s efforts to enhance growth and competition in all segments of the telecommunications market”.


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