LAGOS LAWYER DRAGS MTN TO COURT OVER POOR SERVICE

A Lagos based Legal Practitioner; James Ode Abah has filed N25 million suits against MTN Nigeria Communications Limited before the Federal High Court Ikoyi, Lagos over poor service delivery.

The plaintiff in suit No: /FHC/ CS/593/2013 is praying for a court order directing the defendant to compute and restore to his super saver account all the airtime unlawfully deducted from Mach 10, 2013 up to the date of Judgement.

He is also asking for a perpetual injunction restraining the defendant whether by itself, agents, servants, officers and or privies from continuing with the suspension of his subscription of the Blackberry monthly plan and the continuous deductions of airtime except in a manner recognised and permitted by law.

Besides, the plaintiff is demanding for N20 million as exemplary and aggravated general damages for the alleged injury he suffered as a result of the suspension of subscription on the Blackberry complete plan.

In addition, the plaintiff is asking that court award N5 million in his favour being cost of instituting this suit and that the alleged deductions were unlawful, illegal null and void and a gross violation of section 104 the Nigerian Communications Act Cap N97 LFN 2004 and Section and 44 of the Constitution of Federal Republic of Nigeria 1999 (as amended).

The plaintiff is also asking for the following; a declaration that the failure, neglect , omission and refusal of the defendant to adequately address the several complaints of plaintiff specifically on the 10th of March 2013, 15th of March 2013 , 18th of March 2013 and 19th of March 2013 addressed to it and the continuous suspension of the plaintiff’s subscription of the Blackberry complete plan in March 2013 by defendant after payment of same by the plaintiff and the continuous deductions of airtime and the debit of the “supasaver” account of the plaintiff by the Defendant is unlawful, illegal null and void and a gross violation of section 104 the Nigerian Communications Act Cap N97 LFN 2004 and 44 of the Constitution of Federal Republic of Nigeria 1999(as amended).

A declaration that the suspension of the plaintiff’s subscription of the Blackberry complete plan on March 10, 2013 by defendant and the continuous deductions of airtime and the debit of the “supasaver” account of the plaintiff by the defendant and the refusal of the defendant to adequately address the several complaints of plaintiff has the effect of making the provisions of Section 104 of the Nigerian Communications Act Cap N97 LFN 2004 null and void and no effect whatsoever. The matter is yet to be assigned to a Judge.

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