FCCPC Drops Compliance Case Against MTN Executives, Citing Prosecutorial Discretion

The Federal Competition and Consumer Protection Commission (FCCPC) has withdrawn its alleged breach of compliance case against MTN Nigeria Communications Plc’s Managing Director, Karl Toriola, and three senior executives. The decision, filed by FCCPC counsel Nsitem Chizenum, cited provisions of the Administration of Criminal Justice Act, allowing prosecutors to discontinue proceedings before judgment. The case, initially set for arraignment on September 25, 2025, was adjourned to October 30, 2025, after the presiding judge, Justice Hauwa Yilwa, was unavailable. The withdrawal notice must be formally adopted in court at the next sessionAlleged Breach: FCCPC withdraws case against MTN Nigeria CEO, …^[1].

The FCCPC had accused Toriola, Chief Corporate Services and Sustainability Officer Tobechukwu Okigbo, and General Manager Ikenna Ikeme of failing to comply with a May 17, 2024, summons to produce documents and information requested under the FCCPC Act. The two-count charge alleged obstruction of the commission’s inquiry into potential anti-competitive practices, violating Section 33(3) of the 2018 law. The commission argued that the defendants’ refusal to cooperate impeded its investigative authorityFG Moves to Withdraw Case Against MTN Nigeria CEO Karl …^[2].

Legal frameworks underpinning the withdrawal include Sections 107 and 108 of the Administration of Criminal Justice Act, which empower prosecutors to withdraw charges at any stage before judgment. The FCCPC’s filing emphasized the need for prosecutorial discretion, stating that “the complainant doth hereby wholly withdraw the charge and discontinue the proceedings against the defendants.” This move aligns with the inherent jurisdiction of courts to manage cases efficientlyAlleged FCCPC Act Violation: Court Reschedules Arraignment of …^[3].

The adjournment to October 30, 2025, follows procedural delays. The court session was postponed due to the judge’s absence, underscoring the administrative challenges in high-profile regulatory cases. The FCCPC’s decision to withdraw the case contrasts with its earlier assertion of authority in a separate legal dispute. In May 2024, the Nigerian Copyright Commission (NCC) also pursued Toriola and MTN Nigeria over alleged copyright infringement, highlighting the operator’s recurring legal exposureAlleged Breach: FCCPC withdraws case against MTN Nigeria CEO, …^[1].

The withdrawal underscores the FCCPC’s evolving enforcement approach. While the commission has signaled a commitment to investigating anti-competitive behavior, its ability to secure compliance remains contested. The case against MTN Nigeria, which centered on document production, reflects broader challenges in balancing regulatory oversight with corporate cooperation. Analysts note that the adjournment may delay clarity on the commission’s investigative scope, though the withdrawal itself avoids immediate reputational or financial consequences for the defendantsFG Moves to Withdraw Case Against MTN Nigeria CEO Karl …^[2].

This development follows a broader regulatory landscape where MTN Nigeria faces multiple investigations. The NCC’s parallel copyright case, which accuses the company of unauthorized use of soundtracks as caller tunes, remains pending. These overlapping legal actions highlight the operator’s vulnerability to regulatory scrutiny, particularly in sectors with complex compliance requirementsAlleged FCCPC Act Violation: Court Reschedules Arraignment of …^[3].