FOR allegedly manipulating the call data records of the suspended President of the Court of Appeal, Justice Ayo Isa Salami to protect his alleged unethical communications with parties in Ekiti and Osun States Governorship appeals,

the Peoples Democratic Party (PDP) and former Osun State governor Olagunsoye Oyinlola have asked a Federal High Court in Abuja to compel MTN Nigeria Communications Limited to pay a N150 billion general damages to them.

In a suit no FHC/ ABJ/CS/117/2012 filed at the court’s registry last Friday, the plaintiffs, Ekiti and Osun chapters of the ruling party and the former governor are also asking the court to compel the Nigerian Communications Commission (NCC) joined as co-defendant, to revoke the licence of the mobile telephony firm for the alleged intransigence.

It was learnt that a copy of the suit along with a petition, is receiving the attention of the firm’s parent body in South Africa, with IT expert; Adeolu Oyinlola listed as the plaintiffs’ star witness, while the Secretary of the National Judicial Council, Danladi Halilu in his capacity as the secretary of the Justice Umaru Abdullahi’s probe panel would be subpoenaed to testify and tender documents.
The plaintiffs claim against the defendants jointly and severally is for;

* A declaration that the 2nd defendant (NCC) has failed to protect the plaintiffs (PDP and Oyinlola) from the unfair practices of the 1st defendant (MTN Nigeria).

* A declaration that 1st defendant (MTN) has failed in its duty to be accountable and responsive to the needs of the plaintiffs.

*An order of the court compelling or asking the 2nd defendant (NCC) to revoke the operating licence of the 1st defendant.

* The sum of N150 billion only being general damages suffered by the plaintiffs.

In a 68-paragraph statement of claim, the plaintiffs claimed that “Sometime in 2010, the Governorship Election Appeal Tribunals in Ibadan and Ilorin nullified the elections of Prince Olagunsoye Oyinlola (3rd plaintiff) and Chief Segun Oni of Osun and Ekiti States respectively and declared Mr. Rauf Aregbesola and Dr. Kayode Fayemi as the duly elected Governors of Osun and Ekiti States respectively. As an expression of their dissatisfaction with the said judgement, Prince Oyinlola and the PDP, Osun State as well as Chief Oni and PDP, Ekiti State, forwarded and submitted petitions to the National Judicial Council (NJC) alleging corruption against certain judicial officers in the handling and determination of governorship election appeals in respect of Osun and Ekiti States.

“The National Judicial Council (NJC) in accord with its statutory and legal duties in 2011 set up a special investigative Panel to determine the culpability or otherwise of certain judicial officers with respect to allegations of corruption that rocked the judicial arm of government.

“In the 1st defendant’s reaction to controversies which ensued from the call records emanating from it in respect of the issues pending before the NJC investigative panel, the General Manager, Corporate Communications of the 1st defendant, Funmi Omogbenigun, on February 25, 2011, did, in a press release, highlight the rigorous nature of “the procedure for the release of information on calls or data” transmitted on its network. She described their responsibility as a “statutory obligation to accede to legitimate requests for information”.

“In order to assist the NJC panel in its assigned duty, requests were made to all the mobile telephony and ancillary service providers in the country. Certain service providers cooperated fully with the NJC panel and availed the latter of call data records; spanning, in some cases, 12 months. MTN Nigeria Communications Limited on its own part deliberately frustrated the work of the Panel by providing inadequate and incomplete call data records and thus manipulated same.

“During the course of investigations carried out by an arm of government’s law enforcement and security agencies in the country, the office of the Area Commander Nigeria Police Force, Area “G” Command Headquarters, Ogba, Lagos did request that MTN Nigeria furnish it with information on telephone subscriber number 08034004887 and 08034010700. MTN did furnish the aforementioned Area Command Office the call data records of the two numbers aforementioned. The plaintiffs shall rely on the covering letter written by MTN (Ref: CR 3000/LS/AG/V.14/81) dated February 1, 2011 and the call data records of the two numbers at the trial of this suit.

“To our utmost dismay, MTN forwarded incomplete and inadequate call logs to the NJC Panel, when requested to so do. Due to the facts contained above, the NJC Panel that investigated the aforementioned alleged corruption declared the call logs earlier released by MTN as lacking authenticity and as such had no evidential value. The action of MTN to deliberately frustrate the work of the NJC Panel or
Committee by providing inadequate and incomplete call data records constituted gross professional and ethical misconduct and against the spirit and letter of the NCC Act Cap N97, Laws of the Federation of Nigeria, 2004.

“On October 2011, we caused a letter to be written to NCC, asking it to furnish us with the irreducible minimum period stipulated for telephone service providers in Nigeria including MTN, to retain historical call data, to which NCC has failed/refused/neglected to reply till date. Same day, a letter was written to the Minister of Police Affairs, requesting that the MTN’s motive for withholding components of the call data records of MTN subscriber number 0803400887 (Justice Ayo Salami’s) and MTN subscriber number 08034010700 (Tunji Ijaiya’s) be investigated. The Minister till date; failed/ refused/neglected to reply the letter or investigate the matter.

“The call data records forwarded by MTN to the NJC Panel deliberately covered only a period starting from December 2010 in order to invalidate those it released to the Area Commander “Area G” Command which covered the period between 1/9/2010 and 30/1/2011. The call data records forwarded to the NJC Panel by MTN only contained the originating component; as opposed to those it released to the Area Commander, which contained the originating and terminating components.

“By this, MTN has deliberately descended into the arena of politics; deviating from the principal objective or goal for which it was registered and granted a licence by NCC.

“MTN deliberately omitted the months of September, October and November 2010 from the call data records forwarded to the NJC Panel, to effectively obliterate records of the period of communication between and among the following individuals; Justice Isa Ayo Salami (08034004887), Tunji Ijaiya (08034010700), Tunde Folawiyo Lagos State Governor (08034240000), Gbadegesin Ademola (08062240104), Mohammed Raufu Lai (08034301111), Lagos State Government (08034020700; 08033235280; 08034301122), Kayode Fayemi (08055556655), thereby blanking out the period immediately preceding and immediately proceeding the judgements of the Governorship Election Appeal in respect of Osun and Ekiti State.

“MTN deliberately omitted the months of September, October and November from the aforementioned call data record, to mislead the NJC Panel and to pervert the course of justice. If MTN had forwarded the authentic, adequate, complete and undistorted, and bonafide call date records in respect of communication between and among the individuals mentioned, to the NJC Panel, the report of the Panel and the recommendations of the Committee set up to review the Report would have been different,

“If the recommendations had been different, necessary legal action and steps would have been taken to ensure that PDP’s candidate in the 2007 gubernatorial elections, Oyinlola and Oni were reinstated. Because they were not reinstated, they had suffered and are still suffering unimaginable integrity, prestige and image, financial and political losses.

“In granting licence to a license or a service provider, the NCC has the power to specify or prescribe certain conditions attached to a licence, vary or revoke in writing, a condition attached to any such licence. It has also the power to institute or instigate the institution of a suit-civil or criminal-against any licensee or service provider or any person who violates or contravenes or is about to violate or contravene the provisions of the Nigerian Communications Commission Act or any rules or regulations made thereunder. It also has the power and

the discretion to grant, renew and revoke a licence issued to a licensee or a service provider”.

The suit is yet to be assigned to a judge and no date yet fixed for hearing.


http://www.tribune.com.ng/sun/front-page-articles/6584-salami-pdp-oyinlola-sue-mtn-for-n150b-over-call-logs--want-firms-licence-revoked--njc-secretary-police-boss-to-testify--mtn-international-petitioned

150B only? Another joke please.

our lawyers have failed us.
No integrity in passing judgement.

They are worse than the police.

Little better can be expected of the likes of Aregbesola (thug) and Tinubu (drug baron, thief, forger and a man of no known home state or hometown).
I see Aregbesola and Fayemi being removed and serving jail sentences later on this year or early next.

In your dream abi? @Beaf.

Iliveon:

In your dream abi? @Beaf.

Does what is happening to MTN look like my dream?
I can't fit laf!

@Beaf in your lifetime dream, its very funny to think that PDP, Oyinlola & Oni, that have committed various grievous sinful atrocities to rig themselves to power could be crying foul over a judgement that remove them, what have PDP and Oyinlola done to clear there names in the case of Justice Naron and Kunle Kalejaiye, this is very sickening when a thief can comes out in broad day light and call another person a thief, @Beaf, lets try to be neutral in any comment we are making for the prosperity of this Nation.

Hahahaaha Beaf in ur widest bloody dream, I laugh in Cuba Kikakaakakakahahaha

yinchar:

@Beaf in your lifetime dream, its very funny to think that PDP, Oyinlola & Oni, that have committed various grievous sinful atrocities to rig themselves to power could be crying foul over a judgement that remove them, what have PDP and Oyinlola done to clear there names in the case of Justice Naron and Kunle Kalejaiye, this is very sickening when a thief can comes out in broad day light and call another person a thief, @Beaf, lets try to be neutral in any comment we are making for the prosperity of this Nation.

You are funny indeed.
PDP might have bad eggs, but ACN have made crime and lying into an artform.

I don't see how a rational mind can label PDP thieves whereas, they are arrayed against a party (ACN) which is led by Tinubu, a drug pusher, serial forger and notorious thief.

Sir, that sounds like hypocrisy to me.

What a perverted country, where those who are supposed to be serving jail terms for electoral frauds are the ones persecuting the actual winners? Oni and Oyinlola are basking in the error of our constitution that did not prescribe any punishment for electoral fruad, whereas all other forms of fraud have specific punishments.

I do not understand our judicial system or what PDP are trying to say. Is it not the same system that discharged and acquited Ibori on 178 counts only for the British to nail him on just 13? The guy pleading guilty on all counts by the time they got to 10 out of 13!

Now, if I get what these guys are saying correctly, they mean; yes we cheated and rigged the elections, but our opponents discussed with the judges, therefore we should be declared the winners, and our opponents should be jailed!

In all their arguments, I've listened carefully so far, there is no where they have countered ACN on point of law, or debunked the proven anomalies upon which their elections were anulled. Instead it's fallacy of evading the issue, and sheer digression they have employed.

If I may ask, if your opponents are talking to the judges, what stops you from talking to them as well? That is if you have anything tangible or valid to say!

Which of these is more important to determining the winner of an election:
1. ACN- uncontovertible evidences of massive rigging through; multiple voting and ballot stuffing where only one fingerprint is responsible thousands of PDP votes, record of election violence and ballot snatching, fake voters registers where you have names and pictures of people like Mahatma Ghandhi, Martin Luther King, Mike Tyson etc. Over-voting where number of votes cast for PDP alone is more than the whole registered voters in most wards where they won, even without the votes of their opponents! Award of votes in favour of PDP in places where elections did not hold due to violence or non arrival of voting materials/officials or where ballot box had been snatched away. Invalid Results sheets where only PDP agents signed as against those tendered by ACN- where all parties signed. Use of photocopies of result sheets thereby having most result sheets of PDP having same serial number, whereas no two sheets from different wards can have same serial number! Etc, etc, etc

2. PDP - says opponents discuused with judges! Therefore they are the winners.

It baffles me that PDP can be so shameless in these two cases that instead of burying their heads in shame, they are busy rabble-rousing. Everyone remembers Ido-Osi saga in Ekiti, where ACN. was leading on counts of all local govts (despite all the above named anomalies of PDP) by 11,000 votes, somehow the result of the LG (where both Oni & Fayemi came from) was delayed and by the time it was released the result was 99% in favour of Oni. That in itself is no problem, it could happen except that the number of votes recorded for PDP was more than the entire registered voters! So a re-run of the LG was ordered, and on that day, only 2,000 votes were cast. Authentic result sheet was signed by all parties agents, only for a fake result bearing PDP's signature alone given to the Resident Electoral Officer (Mrs Ayoka Adebayo) allocating over almost all the 12,000 votes to PDP and less than 500 to ACN. We all knew how she refused to accept or read it, claiming good conscience, and how she was whisked to OBJ's farm in Otta for 2 days, and how she managed to accept it afterwards.
Is that the type of prop PDP wants to base their elections victory on?

Or is it their model in Osun where the Tribunal refused to accept ALL exhibits and proof of ACN. Including forensic evidence of multiple voting, fake voters register, use of photocopied result sheets,votes allocation where violence or absence of election materials/personnel did not let elections hold, PDP got over 20,000 votes in OAU Ife alone, the little snag is that the school was on holidays during the elections and that number was 4 times the number of registered voters, yet Tribunal refused to allow Aregbesola tender the evidence, instead ordered him arrested for forgery!

Kai, I feel nauseated by all these pranks by PDP men in Osun and Ekiti, people in saner climes, who should be doing long times by now. It's a pity.

If PDP cannot get their members; ministers, NCC and Police cannot get the information "needed" and possibly "force" MTN to produce the much "needed" info that means either there's nothing like that or the law does not permit it. Oyinlola and his cohorts are just trying to remain IRrelevant!

Thieves! See thier mouths like 150B. 150B ko 150B ni.

@Those responding to Beaf's comments.You guys really have time o.The guy is to be ignored!

part 1. Mtn to pay pdp 150billion naira abi dollar,
Part 2. When will it come out ??



A thief ask a 419er 2 pay him 4 damages, ok

LMAO!!!
E like 150 Trillion? Awon asinwin dede.

Why would MTN tamper with the CDR? Makes no sense abeg

Is PDP now broke?

iyes:

What a perverted country, where those who are supposed to be serving jail terms for electoral frauds are the ones persecuting the actual winners? Oni and Oyinlola are basking in the error of our constitution that did not prescribe any punishment for electoral fruad, whereas all other forms of fraud have specific punishments.

I do not understand our judicial system or what PDP are trying to say. Is it not the same system that discharged and acquited Ibori on 178 counts only for the British to nail him on just 13? The guy pleading guilty on all counts by the time they got to 10 out of 13!

Now, if I get what these guys are saying correctly, they mean; yes we cheated and rigged the elections, but our opponents discussed with the judges, therefore we should be declared the winners, and our opponents should be jailed!

In all their arguments, I've listened carefully so far, there is no where they have countered ACN on point of law, or debunked the proven anomalies upon which their elections were anulled. Instead it's fallacy of evading the issue, and sheer digression they have employed.

If I may ask, if your opponents are talking to the judges, what stops you from talking to them as well? That is if you have anything tangible or valid to say!

Which of these is more important to determining the winner of an election:
1. ACN- uncontovertible evidences of massive rigging through; multiple voting and ballot stuffing where only one fingerprint is responsible thousands of PDP votes, record of election violence and ballot snatching, fake voters registers where you have names and pictures of people like Mahatma Ghandhi, Martin Luther King, Mike Tyson etc. Over-voting where number of votes cast for PDP alone is more than the whole registered voters in most wards where they won, even without the votes of their opponents! Award of votes in favour of PDP in places where elections did not hold due to violence or non arrival of voting materials/officials or where ballot box had been snatched away. Invalid Results sheets where only PDP agents signed as against those tendered by ACN- where all parties signed. Use of photocopies of result sheets thereby having most result sheets of PDP having same serial number, whereas no two sheets from different wards can have same serial number! Etc, etc, etc

2. PDP - says opponents discuused with judges! Therefore they are the winners.

It baffles me that PDP can be so shameless in these two cases that instead of burying their heads in shame, they are busy rabble-rousing. Everyone remembers Ido-Osi saga in Ekiti, where ACN. was leading on counts of all local govts (despite all the above named anomalies of PDP) by 11,000 votes, somehow the result of the LG (where both Oni & Fayemi came from) was delayed and by the time it was released the result was 99% in favour of Oni. That in itself is no problem, it could happen except that the number of votes recorded for PDP was more than the entire registered voters! So a re-run of the LG was ordered, and on that day, only 2,000 votes were cast. Authentic result sheet was signed by all parties agents, only for a fake result bearing PDP's signature alone given to the Resident Electoral Officer (Mrs Ayoka Adebayo) allocating over almost all the 12,000 votes to PDP and less than 500 to ACN. We all knew how she refused to accept or read it, claiming good conscience, and how she was whisked to OBJ's farm in Otta for 2 days, and how she managed to accept it afterwards.
Is that the type of prop PDP wants to base their elections victory on?

Or is it their model in Osun where the Tribunal refused to accept ALL exhibits and proof of ACN. Including forensic evidence of multiple voting, fake voters register, use of photocopied result sheets,votes allocation where violence or absence of election materials/personnel did not let elections hold, PDP got over 20,000 votes in OAU Ife alone, the little snag is that the school was on holidays during the elections and that number was 4 times the number of registered voters, yet Tribunal refused to allow Aregbesola tender the evidence, instead ordered him arrested for forgery!

Kai, I feel nauseated by all these pranks by PDP men in Osun and Ekiti, people in saner climes, who should be doing long times by now. It's a pity.    

tomzman:

Thieves! See thier mouths like 150B. 150B ko 150B ni.

@Those responding to Beaf's comments.You guys really have time o.The guy is to be ignored!

You guys said it all,

Their are some of us that were their and observed the elections in some of these states directly and indirectly both the morals of these same people. Oni and Olagunsoye are supposed to be arrested and charged for stealing and sentenced to a firing squad as a deterrent to other riggers because in all sincerity if a man can be sentenced for steal chewing gum without option or fine and these men without any fabric of morality are taking legitimate mandate owners to court again, Gosh, and some is talking because of personal bias for the party in power Gosh, if you have ever stayed in any of these area's/states you would understand the ideologies of these people are quite different, because the level of ignorance is very low and superior arguments hold sway as against sentiments and oppression(one party carry go structure) as well as the availability of options for balance, we know them and their antecedents, we know whose who! So if you want to continue in backwardness and clueless-ness your segment of the country should continue with the business as USUAL syndrome mine have determined they want development by common consent and choosing those with the ability to deliver, and have voted a change that a group of cowboys want to seize again.

Do u believe all these jagons? The question to be asked I'd does oyinlola and segun oni duely elected by the people of osun and ekiti state respectively? Then wot happen in the last general election that the whole southwest cleansed PDP thiefs from their state. Drag it till tomorrow oyinlola and oni are just crying foul, justice has been done by the people through ballot box. Peole should wake up and cleanse this yeye PDP from our land.

left,right,left,right,backward march

Beaf:

You are funny indeed.
PDP might have bad eggs, but ACN have made crime and lying into an artform.

I don't see how a rational mind can label PDP thieves whereas, they are arrayed against a party (ACN) which is led by Tinubu, a drug pusher, serial forger and notorious thief.

Sir, that sounds like hypocrisy to me.

problem solved. Nigerians, shine your eyes.

This is sheer boredom.

@Beaf,
How dare you refer to Ashiwaju of Lagos as a drug pusher?. For you're information, he is the only reason the western part of Nigeria is experiencing good governance and true democratic governance. In direct comparison with these jobless PDP criminals instituting funny suits against MTN, what is their record?.

Only a criminal identifies with a party like PDP. Now i ask: Can anything good come out of PDP?. The answer is an obvious NO!. You guys are bunch of criminals parading yourselves as politicians. The true progressives are the future of this great nation. Long Live Ashiwaju Bola Ahmed Tinubu.

otokx:

Is PDP now broke?

Abi, its like they want to collect the amount targeted for looting in those states, if the Governors are on sit .

this guy called beaf should go for psychiatrist's evaluation.

There's what Lawyers call 'precedence'. If this is proven, the backlash might be huge. Maybe timpriye sylva can get call details records showing communication records between The Presidency & Supreme Court Judges;maybe CPC and ACN can get CDRs showing communication between Presidency/Top PDP chieftains and Jega of INEC,

BlakkBoi:

This is sheer boredom.

@Beaf,
How dare you refer to Ashiwaju of Lagos as a drug pusher?. For you're information, he is the only reason the western part of Nigeria is experiencing good governance and true democratic governance. In direct comparison with these jobless PDP criminals instituting funny suits against MTN, what is their record?.

Only a criminal identifies with a party like PDP. Now i ask: Can anything good come out of PDP?. The answer is an obvious NO!. You guys are bunch of criminals parading yourselves as politicians. The true progressives are the future of this great nation. Long Live Ashiwaju Bola Ahmed Tinubu.

Gbam!

@sholatech:
Wonderful!
Imagine what will happen if this is allowed a strand of action, when other parties will call for records of discussions in all the PDP states, between Presidency, Governors, Ministers, Commisioners, Police & Other Security formations and INEC officials at all levels?

If all these are unearthed, can PDP still wait? Can they stand the backlash of can of worms that will be exposed for all their massive rigging machine?

What makes PDP think that they can win a free and fair election in any part of the West, with the shambolic performance and glutonous embezzlement of public funds? In all honesty, Beaf should compare governance under PDP with ACN.and say which is better in all the Yoruba states.

The truth is that ACN's performance is the reason why the party is gaining more grounds outside the Southwest now.

The question is why are they coming out at this time? Just 2wks ago Oni's case against Fayemi's victory based on d integrity of Justice Ayo Salami to hv precided over d case was squashed; now we hv this. It's just a ploy to delay Justice Ayo Salami's re-instatement. Useless people!

First it was Ibori claiming he pleaded guilty to save Nigeria's image, now these lowlife criminals now making childish claims. So they have the technology to hack into MTN database to know records existed for those periods and if they did, can they back up these claims with solid evidence.

Are our politicians this daft or a group of lawyers have decided to "chop their moni"?

BlakkBoi:

This is sheer boredom.

@Beaf,
How dare you refer to Ashiwaju of Lagos as a drug pusher?. For you're information, he is the only reason the western part of Nigeria is experiencing good governance and true democratic governance. In direct comparison with these jobless PDP criminals instituting funny suits against MTN, what is their record?.

Only a criminal identifies with a party like PDP. Now i ask: Can anything good come out of PDP?. The answer is an obvious NO!. You guys are bunch of criminals parading yourselves as politicians. The true progressives are the future of this great nation. Long Live Ashiwaju Bola Ahmed Tinubu.

Yeah, boredom makes your fingers mistype and misfire!

Firstly, the best governor (and by a damn long margin is Akpabio - PDP, the second best would be any from;  Chime - PDP, Amaechi - PDP, Sule Lamido - PDP). There are only two governors from ACN worth mentioning; Fashola is marginally ok, while Oshiomole is good; the other ACN governors are either clowns, thieves or loudmouths. I don't see where all the noise about good governance is coming from with a bankrupt state like Ekiti building their governors accomodation with approximately N4billion (ole! ) and Aregbesola claiming to have bought coaches to run on FG railtracks (liar  ) or even worse, giving farmers "free" land in an elephant reserve (oga o! ), only to get thugs to beat 7 devils out of the "lucky" farmers when the cameras had gone (double liar ).

Don't just claim that Tinubu is not a drug pushing, lying, thieving, forging fraudster; you need to prove your point. It is even worse that Tinubu can neither point at his fathers compound, nor can he recall a single childhood friend; such is the mountain of lies and cover ups that the crime lords world consists of.

Was it not ACN members invoking evil spirits on each other at Iyan Isolo over the fraud involved in their own parties LG candidate selection? Lol!

This is a more apt description of ACN:

www.nairaland.com/attachments/518316_IkuforijiNinjaThief_jpgd221a96311b1a89c01821b803d551a9c

Is it true?

This money no be small one o. Please PDP, reduce it.