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17-Year-Old Entitlement Claim: Ex-Staff Files Motion to Compel MTN To Deposit Judgment Debt and Interest to Court of Appeal

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17-Year-Old Entitlement Claim: Ex-Staff Files Motion to Compel MTN To Deposit Judgment Debt and Interest to Court of Appeal

 

 

 

Former expatriate staff of the MTN Group, Mr. Paul Odunewu, has filed a further-reply-affidavit and written address dated December 28, 2023, at the Court of Appeal, Lagos Division, in support of his application praying the Court or an Order to compel the telecommunications giant MTN, to deposit with the Court the judgement debt and accrued interest as ordered by the National Industrial Court Nigeria (NICN), Akure Division.

 

17-Year-Old Entitlement Claim: Ex-Staff Files Motion to Compel MTN To Deposit Judgment Debt and Interest to Court of Appeal

 

In a judgement delivered by Honourable Justice Oyejoju Oyewunmi on September 17, 2017, the Court had found that termination of the employment of the former Network Group Operations Manager on February 28, 2006, was wrongful and malicious; and had ordered the company to pay Mr. Odunewu’s entitlements including share options valued at $13,144,512.00.

MTN had faulted the judgement of NICN and straightaway appealed on September 29, 2017, through their external Counsel, Professor G Elias & Co., vide a notice of appeal containing two grounds alleging that the trial Court breached their fundamental right to fair hearing. MTN also filed a Motion for Stay of Execution of the judgement, but Mr. Odunewu’s Counsel, Prof A. B. Kasunmu’s Chambers, opposed the Stay Motion on the ground that the initiating notice of appeal is not competent.

MTN Group Limited, South Africa (MTNG); MTN Nigeria (MTNN) and MTN International, Mauritius (MTNI) is the first, second, and third Appellant respectively, in this six-year-old appeal which had lasted more than 10 years from the Lagos State High Court to the NICN before judgement was delivered in September 2017.

In his application filed on January 8, 2020, with appeal number CA/1346/2017, Mr. Odunewu’s grounds of the motion include assertions that the Notice of Appeal filed by MTN on September 29, 2017, is highly incompetent and does not raise any substantial or recondite issues of law. Also, MTN have been facing huge fines from various Authorities in Nigeria for regulatory and tax infringements and the cumulative impact of these fines raises existential issues for MTN Nigeria and their ability to pay the judgement sum as due at the determination of the case. Furthermore, the Appellants (MTN) have not been prosecuting this appeal diligently and expeditiously.

Mr. Odunewu supported the motion with financial statements and press releases by MTN (among others). In 2019 MTN completed payment of ₦330 billion Nigerian Communication Commission (NCC) fine, and MTN Group had paid $100 million to Lawyers within six months to negotiate the NCC fine. MTN Nigeria reported preferential shares redemption as of December 30, 2019, at a total amount of ₦148.19 billion (or US$399.59 million) in favour of MTN Group. This, consequently, reduced share capital of MTN Nigeria to ₦17.623 billion in 2019 compared to ₦65.145 billion in 2018. On the 24th of December 2018, MTN announced payment of $52.6 Million as a “notional reversal” of $1.0 billion private placement in 2008 based on certificate that did not have final approval and thereby resolved the $8.1 billion dividend repatriation issue with Central Bank of Nigeria (CBN). A Nigeria Senate Committee had investigated MTN for capital flight and had reported that a total capital inflow of $1.24 Billion was injected for MTN operations in Nigeria for the period 2001 – 2016 whereas MTN Nigeria repatriated $13.92 billion from 2006 to 2016 in the guise of dividends/profit, repayment of loans and licenses/management fee. This meant that MTN, as of 2016, were repatriating US$11.00 for every US$1.00 that they injected into their business in Nigeria.

In a Reply-Affidavit dated February 4, 2022, one Temitayo Adeniyi, a Lawyer at Prof A. B. Kasunmu’s Chambers, deposed that MTN “substituted payment of the fines and associated costs with huge debt and are, therefore, running their operations in Nigeria with riskier financial structure than 2014 (before the 2015 NCC fine).” “In the current Nigerian climate of stronger regulatory oversight, MTN Group redeemed its preference shares and thereby reduced their exposure in Nigeria but created significant financial and economic risk to boost shareholder returns with much higher leverage in 2019 than 2018”. Furthermore, MTN “have not prosecuted this appeal expeditiously but instead they have been prevaricating to regularize the initiating Notice of Appeal dated 29th September 2017 thereby causing enormous delay to the determination of this Appeal. “The Appellants have failed or are unable to take advantage of this honourable Court’s ruling on the 17th of October 2018, that the Motion for Stay of Execution shall abide the determination of the appeal, which is adjourned to 27th February 2019.” He further deposed: “the entire appeal is a masterful delay tactic, cleverly designed by the Appellants to deny the Respondent from enjoying the fruit of the Judgement.”

In a Further-Counter-Affidavit by MTN dated 18th February 2022, one Athanasius Akor, a Lawyer at G. Elias & Co, deposed: “the fact that there is an appeal against the judgement and a pending application for stay of execution are an exercise of the constitutional rights of the appellants”. He deposed that MTN “is not dissipating and is not repatriating its assets out of Nigeria”; and that MTN “conducted an offer for sale of its share on the Nigerian Stock Exchange (NGX) which is a testament of its long term believe and its intention to remain as an active participant in the Nigerian economy.” He further deposed that the 2015 fine has been fully paid since May 2019 and that MTN Nigeria has been making profit and declaring dividends. Mr. Akor deposed that share price of MTN Nigeria jumped to ₦199.8 per share on 17th February 2022. He further deposed that Mr. Odunewu based his analyses on the MTN Nigeria 2018 Audited Account and not the latest 2021 Audited Financial Statement in which MTN Nigeria declared a revenue of circa ₦1.7 Trillion and a profit of circa ₦286 billion. Also “the Respondents has no financial issues that will prevent them from meeting their financial obligations or paying the judgement debt and accrued interest in the event that the appeal is determined in favour of the Applicant and against the Respondents”.

In a Further-Reply-Affidavit sworn to on 28th December 2023, one Ejike Mitchel Maduagwu, a Lawyer at Prof A. B. Kasunmu’s Chambers, deposed that MTN Nigeria “is still being investigated for other tax and revenue leakage matters. Meanwhile the Respondents have repatriated out of Nigeria their huge profit and replaced it with huge debt. The huge revenue, profit, and share price in 2021, as reported in the 2021 Audited Account, are unreliable indicators to determine the Respondents’ ability or willingness to pay the judgement debt or withstand future shock to their business, be it regulatory, economic, or political”. MTN Nigeria reported in their 2021 Audited Account that the demand notice for ₦242 Billion and US$1.3 Billion alleged revenue indebtedness is still undergoing review and reconciliation with both Federal Inland Revenue Service (FIRS) and Nigeria Customs Service (NCS). House of Representatives’ (HOR) tax compliance check and alleged US$30 Billion revenue leakage against MTN Nigeria is still undergoing review.

Mr. Odunewu concluded that it is in the interest of justice to grant his application and “direct the Respondents to deposit with this honourable Court the judgement debt and interest accrued till a day of fund transfer; or in the alternative, we pray the Court to direct the Respondents to provide a Bank Guarantee to secure the judgment debt pending the determination of this appeal.”

The Industrial Court had found that MTN Group is the Parent Company and the life wire of both MTNN and MTNI that controls them and thus integral part of the both companies. Also, MTN Nigeria has no power of its own to act under its contractual agreement with Mr. Odunewu except as approved by its Parent Company, MTN Group. In 2017 NICN had ordered that the judgement sums of $13.47 million, ₦2.54 million, and £10 thousand be paid by the second and third defendants (MTNN & MTNI), “except the issue of costs which is to be paid by all the defendants (MTN sic)”. The trial judge had ordered MTN to make the payments within 30 days, failing which the sums would appreciate at 21 percent interest per annum.

Bank

Fidelity Bank grows gross earnings by 38% to N434.95b in Q1

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Fidelity Bank grows gross earnings by 38% to N434.95b in Q1

 

Fidelity Bank Plc recorded 37.9 per cent growth in gross earnings to N434.95 billion in first quarter 2026 as the international commercial bank continued to expand its core banking market share.

 

Interim report and accounts of Fidelity Bank for the three months ended March 31, 2026 released at the Nigerian Exchange (NGX) showed that gross earnings rose from N315.42 billion in first quarter 20025 to N434.95 billion in first quarter 2026, representing an increase of 37.9 per cent.
The top-line performance was driven by impressive growth in the bank’s core business operations with interest incomes rising by 22.8 per cent to N314.48 billion in first quarter 2026 as against N256.10 billion in first quarter 2025.

 

With net interest income at N180.97 billion, the bank closed the period with profit before tax of N92.48 billion. After taxes, net profit stood at N74.47 billion for the three-month period. Earnings per share remained high at N5.69, underlining the capacity of the bank to reward its shareholders.

 

 

The balance sheet of the bank also emerged stronger. Total assets crossed the N11 trillion mark to N11.35 trillion by March 2026 compared with N10.46 trillion recorded in December 2025. Customers’ deposits increased from N6.89 trillion to N7.38 trillion. Total equity rode on the back of earnings growth to a 27.5 per cent increase from N1.09 trillion in December 2025 to N1.39 trillion by March 2026.

 

 

The first quarter 2026 results further consolidated the strong earnings outlook of the bank, which had successfully completed its recapitalisation amidst impressive earnings performance in 2025.
Fidelity Bank had recorded double-digit growths in interest and non-interest incomes as well as key balance sheet items during the year ended December 31, 2025.

 

 

The audited report showed that gross earnings rose from N1.04 trillion in 2024 to N1.52 trillion in 2025, an increase of 45.6 per cent. Interest and similar incomes had grown by 38.7 per cent from N803.1 billion in 2024 to N1.11 trillion in 2025. Fees and commission incomes also rose by 44.7 per cent from N78.4 billion to N113.4 billion. The bank recorded net profit after tax of N242.4 billion in 2025.

 

 

The bank’s balance sheet emerged stronger with total assets rising by 18.6 per cent to N10.46 trillion in 2025 as against N8.82 trillion in 2024. Customer deposits increased by 16.1 per cent from N5.94 trillion to N6.89 trillion, reflecting continued franchise strength and an improved funding profile. Net loans and advances meanwhile declined by 2.4 per cent to N4.28 trillion in 2025 as against N4.39 trillion in 2024, attributable to customers paying down on their mature obligations.

 

 

The bank had in 2025 strengthened its capital position, with eligible capital rising to N561 billion, above the regulatory minimum of N500 billion for banks with international authorisation. In addition, capital adequacy had remained robust, with Capital Adequacy Ratio of 30.94 per cent by December 2025 as against 23.47 per cent by December 2024.

 

Managing Director, Fidelity Bank Plc, Dr. Nneka Onyeali-Ikpe, said the first quarter 2026 results reinforced the bank’s strong and resilient business model.

 

She noted that with the remarkable success of its recapitalisation programme and continuing expansion, Fidelity Bank has entered a new era of growth and impressive returns.

 

“We are on a stronger footing and confident that we will set new growth records that are reflective of our legacy and the future we are working on,” Onyeali-Ikpe said.

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Dangote Refinery Ends Nigeria’s Era of Fuel Import Dependence, Boosts GDP, FX Earnings — EIU

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NLC Commends Dangote Refinery, Urges FG to Sell Adequate Crude in Naira to Reduce Fuel Prices

Dangote Refinery Ends Nigeria’s Era of Fuel Import Dependence, Boosts GDP, FX Earnings — EIU

The operational ramp up of the 650,000 barrels per day Dangote Petroleum Refinery & Petrochemicals is fundamentally reshaping Nigeria’s downstream oil sector, significantly reducing the country’s dependence on imported refined petroleum products and strengthening its external position, according to the Economist Intelligence Unit (EIU).

In its latest assessment on Nigeria’s fuel market and regulatory environment, the EIU said the refinery has already transformed a sector that was previously characterised by heavy reliance on imported fuel despite Nigeria being Africa’s largest crude oil producer. The report noted that the refinery met nearly 80 per cent of domestic petrol demand in April and produced enough volumes to satisfy local consumption requirements as operations approached full capacity.

The EIU described Nigeria’s downstream petroleum sector before the refinery as “long dysfunctional”, noting that the country had remained almost entirely dependent on costly imported fuel while producing nearly 1.5 million barrels of crude oil daily.

According to the report, the emergence of the refinery has reduced import dependence, improved domestic fuel availability and strengthened Nigeria’s balance of payments position through lower import demand and rising exports of refined petroleum products.

“The gradual ramp up of the 650,000 barrel/day Dangote refinery since May 2023 has transformed Nigeria’s long dysfunctional downstream sector,” the report stated. “The country’s main refineries, all state owned, had been inoperative for years and Nigeria was almost entirely reliant on costly imported fuel.”

The research and analysis division of The Economist Group, London added that the refinery’s attainment of full operational capacity and its planned expansion would further support Nigeria’s economic growth and foreign exchange earnings over the medium term.

“Meanwhile, the attainment of full capacity at, and an increase in exports from, the Dangote refinery will support real GDP growth and foreign exchange earnings in 2026 and 2027 and beyond, as a planned doubling of the plant’s output comes on stream around the end of the decade,” it added.

Industry analysts said the refinery is increasingly positioning Nigeria as an emerging refining and export hub, altering energy trade flows across Africa and reducing the vulnerability associated with fuel import dependence.

The EIU noted that the refinery’s expansion has coincided with major reforms in Nigeria’s downstream sector, including the removal of fuel subsidies and the introduction of market driven pricing mechanisms.

The report, however, said the transition from a state dominated fuel import structure to large scale domestic refining has triggered resistance from interests linked to the old import regime.

The latest tensions emerged following the decision by the Nigerian Midstream and Downstream Petroleum Regulatory Authority to relax restrictions on petrol imports despite the refinery’s growing capacity to meet domestic demand.

Dangote Industries subsequently initiated legal action, arguing that continued import approvals undermine domestic refining investments and conflict with the objectives of the Petroleum Industry Act, which seeks to encourage local refining capacity and reduce import dependence.

Analysts noted that the availability of large-scale domestic refining capacity has improved Nigeria’s energy security and reduced exposure to external supply shocks and foreign exchange volatility.

The Centre for the Promotion of Private Enterprise also cautioned against unrestrained importation of petroleum products, warning that such a policy could weaken Nigeria’s industrialisation drive and discourage investments in domestic refining.

Chief Executive Officer of CPPE, Muda Yusuf, said continued dependence on imported fuel had historically contributed to pressure on foreign reserves, exchange rate instability and fiscal leakages.

The refinery’s growing impact is also being reflected in Nigeria’s broader macroeconomic indicators. Earlier this month, S&P Global Ratings cited increased domestic refining capacity and rising hydrocarbon exports among the major factors supporting Nigeria’s sovereign credit rating upgrade – the first in 14 years.

Beyond Nigeria, analysts said the refinery is increasingly being viewed as a strategic industrial asset for Africa, where many countries remain heavily dependent on imported fuel despite rising demand for transportation, manufacturing, and power generation.

 

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BREAKING: Court Dismisses $19.6 Million Claim Against NNPCL — Rules Contract Scope Cannot Be Changed Orally

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BREAKING: Court Dismisses $19.6 Million Claim Against NNPCL — Rules Contract Scope Cannot Be Changed Orally

 

In a landmark ruling on Friday, May 22, 2026, the Federal Capital Territory High Court in Abuja threw out a $19.6 million lawsuit filed by Alternate Dimensions Ventures Ltd against the Nigerian National Petroleum Company Limited (NNPCL), affirming a key legal principle: a written contract cannot be expanded through oral agreements or conduct.

Alternate Dimensions had sought $19,600,000 in professional fees, claiming the scope of its Direct Sale, Direct Purchase (DSDP e-pro) contract with NNPCL was orally expanded. Represented by counsel Patrick Peter, the firm argued it was entitled to the revised sum for services rendered under the alleged new terms.

But NNPCL, through its lawyer Ituah Imhanze of KENNA LP, pushed back sharply, arguing that parties are bound exclusively by the clear terms of their written agreement. Imhanze contended that without any written amendment, the claim was legally unsound, and the court agreed.

Delivering judgment, Justice Hamza Mu’azu upheld NNPCL’s defense, stating that the contract was unambiguous and that no evidence was adduced during the trial, which supported the alleged scope expansion. The court further found that NNPCL fully complied with all contractual terms and committed no breach.

Dismissing the suit as meritless, Justice Mu’azu reinforced the doctrine of sanctity of contract: any amendment to a written agreement must be express, unequivocal, and documented, not implied or verbal.

The ruling spares NNPCL from the S19.6 million claim and also a floodgate of similar potential liabilities.

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