A Class Action Against MTN

Courtesy:the nationonlineng.net

I received this mail today and I thought to share with my MON readers. What do you think?

Class Action according to Black's Law Dictionary means "A lawsuit in which the Court authorizes a single person or a small group of people to represent the interest of a larger group.

This type of action is provided for under Nigeria's Civil Procedure and it is provided for under the Rules of Courts.

A CLASS ACTION AGAINST MTN FOR ITS SERVICE DELIVERY FAILURES

This is a class action against MTN Nigeria. What we have tried to do here is to organise some Nigerians to come together to demand for some explanations from MTN Nigeria regarding its serious lapses and inadequacies as a GSM provider in Nigeria.  MTN may not be the only provider with poor services but it is certainly the largest network and in that regard its shortcomings are more widespread. Since about 12 years of the Global System Mobile Communications (GSM) services in Nigeria which started in August 2001 with Econet now Airtel, we have been enduring  these great shortcomings with equanimity, hoping that things will change for the better. We had also hoped that the regulating body, the Nigerian Communications Commission (NCC) will nudge the providers for improvements. But how misplaced our hopes have been.

Instead of services improving, they got worse. It is no longer uncommon to hear about dropped calls, lack of connections, wrong connections, connections without voicing, lack of delivery of text messages, inability to recharge phones, difficult or lack of data/internet connections, that existing lines were not available on same network you are using to call, that live lines are not available etc. The most traumatizing is that in spite of all these, the provider will always charge their normal exorbitant fees and without apology or explanation for their non delivery or delivery failures. In the face of this unscrupulous behaviour one had to rise to the challenge, after all Nigerians are entitle to top services consistent with the best global practices. We launched a campaign to enlist subscribers for a class action. At the last count about 350 of us signed in to institute this action.

It may interest the Nigerian public to know that Nigeria is MTN’s largest market world wide. This is only followed by Iran, South Africa and Ghana. But in all these other Countries Nigeria receives the worst service delivery. Part of why we have this State of affairs is because the Regulatory body in this case the Nigeria Communications Commission (NCC) has not lived up to its statutory responsibility of sanctioning the providers especially MTN Nigeria. What came near to the discharge of its responsibility was what it did in May 2012 when it fined all the four providers N1.2 Billion for what it said about performance being below the specified threshold. But this has always been the case and has even worsened since then. The providers were also charged N2.5 Million as penalty for each day they failed to pay after the initial dead line. However all these were nothing but self- enlightened interest of the Nigeria Communications Commission (NCC). 

This is because the real victims,  the ordinary Nigerian subscribers got nothing in return. The same Nigeria Communications Commission (NCC) has told us that as at last May 2013 there were about 116 Million telephone subscribers in Nigeria. In our view MTN would have about half that number, yet it is not doing much to give back to the industry and the subscribers from the hefty returns it is making in the Nigerian Market. In Ghana 2012 when they experienced only a part of what Nigerians are going through, the equivalent of NCC there which is Ghana National Communications Authority (GNCA) banned MTN Ghana from adding new lines until there is commensurate expansion of its network. We have found as a fact that part of the problem is over subscription of existing facilities that is increase in lines without expansion of the facilities. MTN is the worst in this regard, and sadly Nigeria Communications Commission (NCC) has done nothing about it rather it fines them for its own purposes.

Therefore this suit has become an important one for all Nigerians. We, the 351 subscribers are demanding for improved services consistent with the best global practices which we want Court to declare that we are entitled to.

Secondly, an order against MTN to desist from registering or adding new lines/ subscribers to its network until there is a corresponding improvements in its facilities, Structures and systems.

Thirdly, the sum of N3 Billion, as compensation to the 351 Claimants in this suit.

This is a test case. The other Network Providers such as Airtel, Glo, and Etisalat should watch it because we may also make same demands on them.

Ndionyenma Nwankwo Esq.
For and on behalf of other subscribed Claimants