January 15, 2018

Court nullifies appointment of interim board for 9mobile



By Innocent Anaba & Princewill Ekwujuru

lagos—A Federal High Court sitting in Lagos has nullified the appointment of an interim board for Emerging Markets Telecommunications Service, EMTS, the fourth largest telecommunications service operator in Nigeria and owners of Etisalat.

Trial judge, Justice Ibrahim Buba made the order on Friday following an application by Spectrum Wireless Communication Ltd, which invested $35 million in 2009 in EMTS/Etisalat.



The court held, “An order is hereby granted discharging the ex-parte order made by this court in this suit in favour of the respondent on July 3, 2017.

The order made pursuant to motion ex-parte dated July 3, 2017 was a nullity, made without jurisdiction and obtained by misrepresentation of facts. Same be and is hereby discharged and vacated as prayed. The motion for stay is struck out having set aside the order. The respondent shall reverse all steps taken by it since the order was a nullity.”

The order nullifies the appointment of Dr Joseph Nnana of the Central Bank of Nigeria, CBN, as chairman, Mr, Boye Olusanya as Managing Director, Mrs Funke Ighodaro as Chief Financial Officer, Mr Seyi Bickersthet and Mr Ken Igbokwe as on the board of EMTS.

The nullification follows dismissal by Justice Buba of the preliminary objection filed by United Capital Trustees Ltd in response to the application by Spectrum Wireless, a shareholder of EMTS.

Spectrum Wireless had claimed that the order was obtained by misrepresentation of facts that alienated its interests in the company.

The interim board of EMTS, which has the support of the CBN and the Nigerian Communications Commission, NCC, had received bids from about five bidders in its intended sale of the company.

The sale was to be concluded by last December 31, but was  moved to January 16.

Counsel to the firm warned that any institution or company which transacts business for the purpose of sale or acquisition of EMTS or 9Mobile does so at his or her own risk.

EMTS, popularly known as Etisalat, secured a telecommunications licensee in 2007. It has equity participation by local and foreign investors and in 2011, secured facilities from a consortium of domestic banks under the auspices of United Capital Trustees Ltd (United Capital) to the tune of N115.6 billion and $235 million.

EMTS’ alleged default to service the facilities elicited recovery action by United Capital.

The sensitivities of such action to the health of the Nigerian financial system, the telecommunications sector and the economy in general, precipitated tempered action with the consent of the the Central Bank of Nigeria, CBN and the Nigerian Communications Commission, NCC, to avert possible adverse impacts.

Following the exit of Etisalat and its directors in unclear circumstances in June 2017 from EMTS, United Capital initiated action and obtained an ex-parte order of July 3, 2017 to appoint a Transitional Board to superintend over the affairs of the company.

The Transitional Board rebranded the company as 9mobile and announced a bid for the sale of the company to interested investors.

Justice Buba granted the application last Friday on the grounds that it was granted based on a misrepresentation of facts made available to the court at the time.