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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 for 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.
In a judgement delivered by Honourable Justice Oyejoju Oyewunmi on September 17, 2017, the trial Court had found that the 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 a fair hearing.
MTN also filed a Motion for a stay of execution of the judgment. Still, Mr Odunewu’s Counsel, Prof A. B. Kasunmu’s Chambers, opposed the Stay of Execution Motion because the initiating notice of appeal was not competent.
MTN Group Limited, South Africa (MTNG); MTN Nigeria (MTNN) and MTN International, Mauritius (MTNI) are the first, second, and third Appellants, 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 judgment sum as due at the determination of the case. Furthermore, the Appellants (MTN) have not been prosecuting this appeal diligently and expeditiously.
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