21st October, 2010
A limited liability company, Private Networks Nigeria Limited, operating a telecommunication and value added business, has slammed a N964,888,985.78 suit on MTN Communication Nigeria Limited, over a breach of contract.
Joined as co-respondents are 56 companies and individuals who have supplied diesel to MTN through the plaintiff but who have not been paid.
In a statement of claim filed before a Lagos High Court by Barrister Olujumobi Orioye from the law firm of Ade Oyebanji, it was alleged that on 1 February, 2008, the plaintiff entered into a site integrated maintenance service agreement for the maintenance of more than 1,000 MTN sites for a period of two years.
On the assumption that each of the sites were connected to the national grid of the Power Holding Company of Nigeria (PHCN) and power supply by the public power supply to MTN sites was 25 per cent and the remaining 75 per cent was to be by alternative power source.
However, a joint audit of the sites confirmed that 400 were wrongly classified and by April 2010, the 56 defendants who supplied diesel at the various MTN sites, on behalf of the plaintiff, had started agitating for payment, while many others resorted to the use of police, EFCC officials and National Union of Petroleum and National Gas Workers Union top shots, to harass officials of the plaintiff.
In the June this year, policemen from Special Fraud Unit arrested two members of staff of the plaintiff and aside this, his workers also disrupted his business.
The direct consequences of failure, neglect and refusal of MTN Communication Company to pay the plaintiff has been responsible for the non payment of the suppliers of diesel to the company’s sites.
In view of this, the plaintiff is urging the court to direct MTN to pay forthwith the outstanding sum of N964,888,985.78 to be disbursed to the suppliers.
The plaintiff also wants the court to restrain the defendants from harassing and intimidating on matters connected with the supply of diesel by the 56 defendants for the use of MTN Communication base stations.
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