A Federal Excessive Court docket in Lagos has declined Access Bank Plc’s request to freeze the bank accounts of MTN Nigeria Communications Plc over a disputed N180.95 billion debt declare linked to a long-expired infrastructure-sharing take care of now-defunct Multi-Hyperlinks Telecommunications.
Justice Akintayo Aluko, ruling on an ex parte utility filed by Access Bank and three firms in receivership, Multi-Hyperlinks Telecommunications Restricted, Capcom Telecoms Restricted, and Cyancom Restricted, refused to difficulty an interim order freezing MTN’s funds.
The decide held that MTN should first be given a chance to be heard earlier than any such drastic motion is taken.
The authorized claims
Access Bank, by means of its counsel Mr. Kunle Ogunba (SAN), had requested an interim injunction restraining MTN from withdrawing or tampering with funds throughout all its accounts in Nigeria as much as the quantity of N180.95 billion.
The bank claimed this determine represents a long-standing debt owed by MTN to Multi-Hyperlinks.
As a part of the orders sought, the candidates additionally requested that each one monetary establishments in Nigeria be directed to reveal, underneath oath, the balances in MTN’s accounts inside seven days.
The swimsuit, marked FHC/L/CS/1004/2025, basically sought to lock down MTN’s funds pending the willpower of the principle swimsuit.
Nevertheless, Justice Aluko dominated that, whereas the plaintiffs introduced a seemingly compelling case, MTN have to be allowed to reply.
“Because of the peculiar nature of the case and the potential implications of the orders sought, particularly in gentle of MTN’s correspondence marked ‘MTN 17,’ the defendant have to be heard earlier than any orders are granted,” the decide stated, in accordance with ThisDay Newspaper.
The courtroom ordered MTN to look and present trigger inside 5 days, with the case adjourned to June 23, 2025, for additional proceedings.
Backstory
On the coronary heart of the dispute is a fibre-sharing settlement between MTN and Multi-Hyperlinks relationship again over a decade, sources say.
The deal gave each events “irrefutable rights of use” of one another’s fibre infrastructure for 10 years, expiring in 2024.
Nevertheless, as a consequence of monetary and operational setbacks, Multi-Hyperlinks reportedly underutilised MTN’s infrastructure whereas MTN made important use of Multi-Hyperlinks’ community.
As Multi-Hyperlinks spiralled into monetary misery, the corporate went into receivership underneath the management of Diamond Bank. Earlier than it folded, Multi-Hyperlinks tried to promote its fibre belongings to MTN, however negotiations collapsed over pricing disagreements.
Years later, an organization named Hoop Telecoms emerged, claiming to have acquired Multi-Hyperlinks’ fibre infrastructure. Nevertheless, Hoop reportedly disclaimed any duty for Multi-Hyperlinks’ previous liabilities. Regardless of this, the corporate billed MTN almost N170 billion, retroactively charging for years previous to its supposed acquisition of the belongings.
MTN flatly rejected the demand, estimating its precise obligation underneath the unique settlement at simply over N1 billion. The telecoms agency additionally took the matter to the Nigerian Communications Fee (NCC), which reportedly discovered that Hoop Telecoms lacked a sound telecom licence and thus had no authorized standing to make such claims.
The state of affairs grew extra complicated after Access Bank acquired Diamond Bank in 2019, thereby assuming management of Multi-Hyperlinks’ receivership. In line with sources aware of the case, Access Bank aligned itself with Hoop Telecoms’ claims and pushed for a authorized settlement, which MTN resisted.
One insider informed Nairametrics that a number of vested pursuits, together with political actors, noticed the declare as a chance to strain MTN right into a payout.
“There was discuss that pushing MTN to pay may benefit everybody concerned,” the supply stated. “However MTN stood its floor and sought authorized safety.”
Caught on this internet of authorized and business ambiguity, MTN sought a courtroom’s safety. However to the corporate’s shock, Access Bank approached a courtroom in search of a Mareva injunction, a authorized order to freeze MTN’s accounts throughout Nigerian banks to the tune of N180.95 billion. Such orders are usually issued when a plaintiff fears the defendant could dissipate belongings to frustrate judgment enforcement.
Insiders recommend that Access Bank could not have been totally briefed on the intricate historical past and authorized background of the Multi-Hyperlinks-MTN association and would possibly now be reconsidering its place.
In line with one supply, MTN and Access Bank have since opened traces of communication to discover an amicable decision of the matter.
What’s subsequent?
The decide’s refusal to grant the Mareva injunction presents MTN some short-term aid, however the authorized battle is way from over.
The corporate now has till June 23 to reply formally and argue why the courtroom mustn’t freeze its accounts.
MTN declined to remark when contacted, stating that the case is subjudice. Access Bank has but to reply to Nairametrics’ enquiry as of press time.
Whereas the ultimate final result stays to be seen, the case raises deeper questions in regards to the enforcement of legacy telecom agreements, the authorized dangers round receivership claims, and the affect of non-commercial pursuits in high-stakes disputes.
MTN Authorized Battles
This isn’t the primary time MTN Nigeria has discovered itself within the crosshairs of authorized and regulatory disputes.
In Could 2025, the telecom big sued over 20 Nigerian banks to recuperate roughly N6 billion in unpaid interconnect charges from SleekChip Applied sciences, following a beneficial Federal Excessive Court docket judgment confirming the debt
Shortly after, MTN’s CEO and key executives had been slated for arraignment by the Federal Competitors & Client Safety Fee (FCCPC) over allegations of obstructing the company’s investigation, sparked by their reported failure to adjust to a lawful summons.
Earlier in 2023, MTN additionally confronted scrutiny from Nigerian tax authorities over alleged underpayment of duties and levies tied to digital and worldwide calls.
MTN has since resolved a few of these points.
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