Telecom
FG Targets MTN for Cash as Buhari Govt. Tightens Rules Ahead 2019 Elections- Expert
The many troubles of MTN group in Nigeria may both economic and political play the federal government of Nigeria, according to Ron Klipin, an analyst at Cratos Wealth in Johannesburg.
Klipin, was reacting as federal government has slammed MTN Nigeria with a $2 billion tax demand.
This is another curve ball directed at Africa’s biggest wireless carrier less than a week after it was ordered to refund $8.1 billion in illegally repatriated funds.
Klipin in a chat with Bloomberg said about the fines that “This could be an economic and political play by Nigeria”.
“The Nigerian economy is looking for additional sources of revenue and at the same time the government wants to be seen as tightening up the regulatory framework in the country.” Klipin added.
The additional scrutiny on MTN comes as President Muhammadu Buhari seeks re-election for a new four-year term in a February vote.
Buhari
His administration has pledged to fight corruption in Africa’s most populous nation, including tax avoiders and companies acting unscrupulously.
MTN continues to strenuously deny the allegations being made by the Central Bank of Nigeria and has provided further clarity on the company’s position.
MTN on its own said it had been in talks with Abubakar Malami, Attorney-General, over concerns around tax compliance; but it was billed all the same.
The company in a statement said it was billed for importation of foreign equipment and payments to foreign suppliers, all spread across a period of about ten years.
MTN outlined the tax dispute and refuted both accusations in a statement on Tuesday, yet faces an uphill battle to convince investors it won’t end up shelling out for either or both offenses in its largest market. The shares extended their slump, falling 17 percent to an almost 12-year low by the close in Johannesburg.
“We remain resolute that MTN Nigeria has not committed any offenses and will vigorously defend its position,” the Johannesburg-based company said.
The office of Nigeria’s attorney general calculated that MTN owes $2 billion related to the import of foreign equipment and payments to suppliers over the past decade.
It asked the South African company to carry out a self-assessment in response, but last week rejected the company’s findings, which concluded that it had owed — and paid — $700 million.
MTN reported the ongoing dispute for the first time Tuesday.
Last week, the Nigerian central bank told MTN to return funds it alleges the company illegally transferred out of the country over eight years through 2015.
That accusation put the carrier’s planned share sale in Lagos in jeopardy, while the sanctions may restrict its ability to pay dividends.
On the CBN allegations, MTN said that it is both regrettable and disconcerting that despite the historic engagements with the Nigerian authorities by MTN Nigeria, the senate investigation into the CCI matter, and the multiple tax assessments done by the Nigerian tax authorities over many years that were satisfactorily concluded, that these matters are being reopened.
Tobe Okigbo MTN Corporate Relations Executive said: “From the CBN’s own letter and subsequent statements, it is clear that there is no dispute that the capital captured in MTN’s books and for which CCIs were issued was imported into Nigeria, and this is acknowledged explicitly by the CBN.
It is equally clear that Nigerian law provides for guaranteed unconditional transferability of funds through an Authorised dealer in freely convertible currency relating to dividends or profits attributable to the investment, payments and in respect of loan servicing where a foreign loan has been obtained.”
He went on to say: “All dividend repatriation done by MTN Nigeria to its shareholders was done on the basis of its equity capital and all the historic dividends were declared against valid equity CCIs and in fact no preference dividends were declared and no interest in respect of these preference shares was paid. This means that it is incorrect to suggest that the conversion of a shareholder loan to preference shares has any relation to the repatriation of dividends. The two are simply not connected and we are trying to understand this position that the Central Bank has taken.”
Speaking on the Attorney General’s ‘demand notice’ for historical tax obligations, Mr Okigbo said: “MTN has conducted a detailed review of these claims, and provided evidence of tax remittance to the Attorney General’s office.
The Attorney General’s notice indicates that he is rejecting this evidence. We believe that all taxes due to the Nigerian government have been paid and these allegations have not been raised by any of the revenue generating agencies that MTN engages with regularly, and from whom MTN has received numerous awards for compliance.”
MTN Nigeria will continue to engage with the relevant authorities on all these matters and we remain resolute that MTN Nigeria has not committed any offences and will vigorously defend its position.
Update on the CBN letter on foreign exchange
MTN Group and the original shareholders injected a total of $402, 625,419 into MTN Nigeria between 2001 and 2006 in the form of loans and equity.
These initial inflows were the basis for the issuance of various legacy CCIs obtained from Authorized Dealers in accordance with regulations. The inflow of capital has been confirmed by the CBN.
The CCI process is essentially in place both for the protection of investors as well as to provide the CBN with documentary evidence for monitoring capital inflows and outflows. Although over time the CCIs have been re-issued, consolidated and re-constituted to reflect the changing MTN capital and shareholding structure, the amount of 402, 625,419, has remained the same.
One aspect of the changing capital structure was the conversion of shareholder loans to preference shares. It is important to note that all the historic dividends were declared against valid equity CCIs and in fact no preference dividends were declared and no interest in respect of these preference shares was paid.
The Attorney General’s notice of intention to recover tax
The Attorney General notified MTN that his office made a high-level calculation that MTN Nigeria should have paid approximately $2,0 billion in taxes relating to the importation of foreign equipment and payments to foreign suppliers over the last 10 years and he requested MTN Nigeria to do a self-assessment of the taxes in this regard that have been actually paid.
In August 2018 MTN submitted comprehensive documentation to the office of the AG. MTN Nigeria has also completed an initial assessment of the full period which indicates that total payments made to the tax authorities in regard to these foreign imports and payments in aggregate are $700 million.
There are valid reasons for the differences between the actual payments and the AG high-level assessment.
We were notified by the office of the AG last week that they have not accepted the documentation presented and they have given notice of an intention to recover the $2.0bn from MTN Nigeria.
Based on the detailed review performed MTN Nigeria believes it has fully settled all amounts owing under the taxes in question.
Nigeria has exactly 156,662 active fixed wired internet subscriptions as of mid-2026.
This is a tiny fraction compared to mobile GSM networks, which dominate the market with over 154 million subscribers.
The fixed wired market primarily consists of homes and offices using direct physical cables like fiber optics.
Fixed wired services use physical cables, like glass fiber or copper wire, to bring internet directly into a building.
It is like a dedicated, private water pipe for your home. It provides very fast speeds, unlimited data, and is reliable.
In contrast, mobile GSM uses radio waves transmitted from tall towers to phones, acting more like a sprinkler that sprays a signal across an entire neighborhood.
Because laying physical cables across cities is expensive and hard to do, these subscriptions are very rare.
However, the market has seen recent growth, driven largely by Fiber-to-the-Home (FTTH) services.
The top players are: MTN FibreX with 110,564 subscribers, which is roughly 88.7 per cent of the entire market.
SWIFTNG accounts for about 13,945 connections.
The others are ipNX and 21st Century Technologies which make up the number.
Nigerian Communications Commission (NCC) says it is intensifying efforts to implement Nigeria’s planned 112 national emergency number following its approval by the National Economic Council (NEC).
NCC
The commission disclosed this during a meeting between Vice President Kashim Shettima and an NCC delegation led by the Chairman of its Governing Board, Chief Idris Ibikunle Olorunnimbe, at the Presidential Villa, Abuja.
Briefing the Vice President, Olorunnimbe said the NCC had already established about 35 Emergency Communications Centres (ECCs) across the country to support a unified national emergency response system.
He said the next phase of implementation would focus on closer collaboration with state governments and emergency response agencies to ensure the effective rollout of the initiative.
The development follows the recent approval by the NEC, chaired by the Vice President, for the adoption of 112 as Nigeria’s single national emergency number across all tiers of government and emergency response agencies.
The council also approved the establishment of a multi-agency implementation committee to be jointly coordinated by the Office of the Vice President and the NCC.
Olorunnimbe stressed that the success of the initiative would depend on the commitment of state governments to support and maintain emergency communications infrastructure, as well as the readiness of response agencies to promptly attend to distress calls.
“We need commitment at every level of all response agencies—from top to bottom—including the Nigeria Police Force, ambulance services across the states and, at the national level, the National Emergency Management Agency (NEMA),” he said.
Responding, Shettima directed the NCC to develop a comprehensive roadmap for the nationwide implementation of the single emergency number in line with international best practices.
He also urged the commission to work closely with the National Emergency Management Agency (NEMA), citing the agency’s experience in disaster management, relief and rehabilitation.
The Vice President assured the commission of the Federal Government’s commitment to sustaining the initiative, saying funding would be mobilised through the National Economic Council and partnerships with the private sector.
He also called for greater dedication from all emergency response agencies to ensure the success of the programme.
The adoption of 112 is expected to harmonise emergency communications across Nigeria by providing a single number through which citizens can quickly access police, fire, ambulance and other emergency services.
The initiative is also expected to replace multiple emergency contact numbers currently in use and improve coordination and response during emergencies.
Nigerian Communications Commission (NCC) has said that it was strengthening collaboration with state governments and industry players to develop a transparent, cost-based pricing framework for sharing telecom ducts as part of efforts to speed up broadband expansion across Nigeria.
Ayuba Shuaibu, director of Policy, Competition and Economic Analysis, NCC, disclosed this at the Stakeholders’ Forum in Abuja.
Shuaibu said the initiative was designed to build consensus among all parties.
“The primary purpose of this forum is to ensure seamless synergy between the Commission and all stakeholders,” he said.
The director said the consultation was prompted by longstanding complaints over permits, levies and other charges imposed by different levels of government.
He said bringing together state commissioners, telecom operators, tower companies and representatives of the Nigeria Governors’ Forum had helped improve understanding of the issues.
“This engagement is a work in progress. We expect more input from stakeholders before presenting the outcome to the Nigeria Governors’ Forum,” he added.
Dr Helen Adeneye, commissioner for Innovation, Science and Technology, Kogi State. welcomed the consultation, saying Nigeria needs a harmonised policy that clearly defines the responsibilities of both the federal and state governments.
“We need a harmonised policy that allows states to collaborate better with telecom operators and creates a more business-friendly environment,” she said.
Dr Adeneye added that adopting the Dig-Once policy would establish a uniform pricing system and help resolve disputes over charges for telecom infrastructure deployment.
Chidi Ajuzie, chief executive officer, WTES Projects Limited, whose firm is conducting the consultancy study, said the proposed framework would introduce a common cost structure for duct sharing to support broadband investment and economic growth.
“The study is designed to create a uniform pricing model that will drive broadband growth, economic development and wider adoption across the country,” he said.
Ajuzie explained that the consultants had developed preliminary floor and ceiling prices to guide operators while allowing flexibility within the approved range.
He added that the recommendations remain open to industry input before the NCC finalises the framework.
The Dig-Once Policy is designed to reduce the cost and disruption of deploying broadband infrastructure by requiring fibre ducts to be installed whenever roads are constructed or rehabilitated.
The NCC is developing a cost-based pricing framework for sharing these ducts to promote fair pricing, reduce duplication of infrastructure and encourage investment.
The proposed model is expected to support the Federal Government’s broadband expansion targets while improving collaboration between telecom operators and state governments.
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