Mobile telecom giant MTN Ghana, has withdrawn a review application it filed on Friday, 4 September 2020, at the Supreme Court, through which it sought to review the High Court’s recent decision regarding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”.
Read MTN’s full statement below:
MTN GHANA WITHDRAWS NCA SMP CASE
Accra 13th October 2020.
Scancom Plc (MTN Ghana) wishes to advise of its engagements with the National Communications Authority (NCA) in a concerted effort to settle the procedural and administrative legal challenge concerning the NCA’s declaration of MTN Ghana as a Significant Market Power (SMP).
Given the progress made so far, in good faith, on settlement discussions with the NCA, and Ministry of Communications, the company has withdrawn its application filed at the Supreme Court on September 4, 2020. It is our expectation that this action will pave the way for further discussions and an amicable resolution, in the spirit of the renewed channels of engagement.
MTN Ghana identifies that a collective goodwill and commitment is necessary to help the entire industry thrive and support Government’s agenda to enhance connectivity and the availability of communication services in the country. We are convinced that this decision is in the best interest of our cherished customers, shareholders and other stakeholders.
MTN Ghana would like to reassure its cherished Customers and Shareholders that our commitment to the delivery of a bold new digital world in Ghana continues to be resolute.
MTN Ghana remains focused on providing the enabling technology to support Ghana’s digital economy through partnerships with the Government of Ghana and other Ghanaian telecommunication players.
Corporate Services Executive