… As S. Korea leader calls for Chinese help to punish North Korea

Federal High Court in Lagos on Tuesday barred MTN Nigeria Communications Limited from moving any funds abroad it may have in Nigerian banks until the hearing of its suit challenging the N1.4 trillion fine imposed on it by the Nigerian Communications Commission (NCC).

The Federal Government brought a motion to restrain the 21 commercial banks, in which MTN has funds, from releasing money to the telecommunications giant.

“The FG seeks an order of Mareva injunction [a court order which requests assets be frozen] restraining the aforementioned banks from releasing, making a sale, transferring, or paying any of the monies maintained by the plaintiff MTN,” the motion read in part.

In October, the telecommunications giant was originally hit with a massive $5.2 billion fine by the NCC for failing to disconnect unregistered subscribers.This failure was in direct violation of regulations put in place by the NCC in order to combat the uptick in kidnappings and the Boko Haram insurgency, both of which often involve the usage of cell phones.

The fine was eventually reduced to $3.9 billion in December. However, MTN is suing the NCC and the Attorney General of Nigeria, Abubakar Malami, contending that as a regulatory body the NCC does not have the right to assume all the functions of the state.

The Court however refused an application filed by the Federal Government seeking to freeze the account of MTN Nigeria Communications Limited in 21 commercial banks in Nigeria.

The application of mareva injunction, filed by Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), was to stop MTN from boycotting payment of the N1.04trn fine imposed on it by the Nigerian Communications Commission, NCC, for its failure to deactivate unregistered subscribers.

Justice Idris Mohammed turned down the application on ground that the AGF had not shown enough facts to prove that MTN was about to empty its bank accounts and move its funds out of the country. The AGF had expressed fear that MTN could move all its funds out of the country before the N1.04tn fine could be enforced.

Consequently, he sought an order directing all the 21 banks to open a special interest- yielding account in the name of the Chief Registrar of the Federal High Court and move N1.04tn out of whatever funds that was standing to MTN’s credit in their possession.

Counsel to the AGF, Mr. Dipo Okpeseyi (SAN), in a 14-paragraph affidavit deposed to by his junior, Steve Nwabueze, had argued that MTN was in the habit of regularly repatriating its funds out of Nigeria.

He noted that between October 2007 and May 2009, a period of 19 months, MTN moved over $7.7bn of the money made in Nigeria to a foreign account.

He further pointed the court’s attention to an instance when in one day, specifically on February 8, 2008, MTN transferred over $936m out of Nigeria to accounts in Mauritius, Cayman Island and British Virgin Island.

Okpeseyi maintained that MTN was under an obligation to pay the N1.04tn fine, because it was NCC’s administrative decision, which remained final unless it was reviewed by the commission or nullified by the court.

He said though NCC had earlier given MTN concession on the fine and reduced it to N780bn, but since MTN had neglected or failed to pay on or before December 31, 2015, the fine remained N1.04tn.

Okpeseyi urged the court to grant the application in the interest of justice to prevent the court’s decision from being rendered nugatory if it went in the favour of NCC and AGF.

In his ruling, Justice Mohammed held that the case was sensitive and of public interest, adding that he would rather hear the case filed by MTN to challenge the fine and give a judgment within a short time.

Justice Mohammed ordered parties to maintain status quo ante bellum pending the determination of the suit and adjourned till January 22 for hearing.

MTN had assembled seven Senior Advocates of Nigeria, led by Chief Wole Olanipekun, to challenge the N1.04tn fine imposed on it by NC

In the meantime, South Korea’s president on Wednesday urged North Korea’s only major ally, China, to help punish Pyongyang’s recent nuclear test with the strongest possible international sanctions.

Park Geun-hye’s comments came as Seoul said North Korea had flown leaflets across the border describing her and her government as “mad dogs” as Cold War-style propaganda warfare continued between the rivals.

South Korea, the United States and others are pushing hard to impose fresh sanctions and other punitive measures on the North for what Pyongyang said was a hydrogen bomb test one week ago.

There is widespread skepticism over the H-bomb claim, but whatever the North detonated underground will likely push the country closer toward a fully functional nuclear arsenal, which it still is not thought to have.

Diplomats at a U.N. Security Council emergency session last week pledged to swiftly pursue new sanctions. For current sanctions and any new penalties to work, better cooperation and stronger implementation from China, the North’s diplomatic and economic protector and a veto-wielding permanent member of the Security Council, is seen as key.

On Wednesday, Park said in a nationally televised news conference that South Korea will push as hard as it can for strong sanctions that can force change in North Korea. But, she said, Chinese help is crucial.

“Holding the hands of someone in a difficult situation is the mark of the best partner,” Park said, referring to China and South Korea’s need to punish the North.

Beijing is seen as reluctant to clamp down on the North in part because of fears that a toppled government in Pyongyang would see millions of desperate North Koreans flooding across the border with China and a U.S.-backed South Korean government in control of the Korean Peninsula.

In the wake of the nuclear test a week ago, the two Koreas have settled into a Cold War-era standoff. Since Friday, South Korea has been blasting anti-Pyongyang propaganda from huge speakers along the border, and the North is using speakers of its own in an attempt to keep its soldiers from hearing the South Korean messages.

Park said South Korea will continue its loudspeaker campaign, calling it “the surest and most effective psychological warfare tool.” Her military announced it has found hundreds of anti-Seoul leaflets near the western portion of the Koreas’ border. The Defense Ministry believes those leaflets were floated over by the North’s military.

Similar North Korea-sent propaganda leaflets were discovered on a South Korea border island between late 2013 and early 2014. Such leafleting, however, by the North is still rare.

South Korean activists occasionally send anti-Pyongyang leaflets in balloons across the border.

The leaflets found earlier Wednesday included such messages as “Let’s knock down the Park Geun-hye group like we do mad dogs” and “The U.S. must immediately stop its anachronistic hostile policy on North Korea.”

It may take weeks or longer to confirm or refute the North’s claim that it successfully tested a hydrogen bomb, which would mark a major and unanticipated advance for its still-limited nuclear arsenal.

The test has provoked global outrage, but it has also been a gift of sorts for Park, who has faced several mass protests condemning her leadership in recent weeks.

National Mirror with additional report from MSN