Minister
for Justice, Abubakar Malami (SAN) has explained his role in the payment
of N50billion to the Federal Government by a telecommunication firm, MTN
Nigeria Limited as part settlement of the fine imposed on it by the Nigerian
Communications Commission (NCC).
Malami
denied any underhand dealings, insisting that his intervention in the case,
which led to the company’s payment of the amount, was a product of a
transparent process.
The
minister added that there is no hidden transaction in relation to the planned
negotiation between the Federal Government and MTN as against the erroneous
belief and assumption in some quarters, including the National Assembly that
the nation is being mortgaged.
Malami’s
position is contained in his letter to the Chairman,Senate
Committee on Communications, led by Senator Gilbert Nnaji.
In
the letter authored by the minister’s Media aide, Salihu Isah, Malami faulted
the refusal to allow him an opportunity to present his case before the
lawmakers.
He
faulted the law makers’ position on the issue, which he argued portrayed him as
being motivated solely by self-interest.
“For
the benefit of those in doubt, it is so far, so good for the role my principal
has played. I wish to state vividly that, when Mr. Eric Holder, the counsel to
the MTN led a team to interface with my principal as the Chief Law Officer of
the nation, he (Malami) insisted that MTN must show some commitment by ensuring
a down payment of N50 billion.
“The
Federal Government’s insistence was that no audience could be granted to the
telecom Company or anyone acting on its behalf while the case is still pending
in court and in the absence of demonstration of good faith by MTN.
“To
this request, MTN offered to comply, and indeed complied by withdrawing the
case unconditionally and to make an agreed payment of N50 billion ($250
million), an offer the FGN accepted only to grant audience to it and its
counsel in relations to the settlement discussions (and without prejudice and
in good faith).
“The
payment was made on February 24th, into a Federal Government Recoveries Account
with the Central Bank of Nigeria. The Company also filed an application to
withdraw its pending suit in an attempt to fulfil the second condition for
audience with the FGN on the matter.
“This
was also confirmed by the Office of the Honourable Attorney General of the
Federation and Minister of Justice before it agreed to grant audience to MTN or
its Counsel.
“And
having fulfilled the two conditions as demanded by the Federal Government
through the AGF, the MTN through its counsel Eric Holder and his Covington
legal team thereby sought audience with the AGF, who yet denied going into any
negotiations, but demanded a proposal of the terms meant to be discussed in
writing.
“Mr.
Eric Holder obliged those terms and the AGF, who quickly despatched a mail
through the normal official channel to the Minister of Communications and the
Executive Vice Chairman of the Nigerian Communications Commission, NCC inviting
for their input before fixing any meeting.
“While
still awaiting the responses of both, no meeting or discussion or negotiation
has been held on the issue ever since. What the AGF did afterwards was to ask
the MTN legal team to formally present its proposals on the matter so that
technical input could be sought from all stakeholders before the FGN could
grant them any audience.
“This
proposal has now been circulated among the stakeholders for their technical
contributions and that is where we were on the issue when the invitation of the
Senate came in at a time when the AGF was embarking on a trip to attend an
anti-corruption summit in the United Kingdom that he was earlier billed to
attend before the invitation came handy.
“It
is imperative to state at this juncture that neither an audience nor commitment
was made by the AGF to MTN, who was then waiting for the technical inputs and
comments of the ministries of Communications and Finance as well as the NCC
with a view to harmonizing the inputs, and coordinate inter-ministerial meeting
for a common position, before considering an audience meeting or negotiation
with MTN, all of which were aborted by the pre-emptive conclusion hastily
reached by your Committee,” the AGF said.
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