MTN Nigeria has urged the Federal High Court, Lagos to suppress the $3.9 billion sanction imposed on it by the Nigerian Communications Commission (NCC).
The action came as a lawyer, Abubakar Sani, in a separate suit, also asked a Federal High Court, Abuja to declare the fine unlawful.
NCC had in October sanctioned the company for allegedly failing to disconnect unregistered subscribers.
The initial fine of $5.2 billion was reduced by 25 per cent to $3.9 billion earlier this month, with a December 31 payment deadline.
But MTN, through its lawyers led by a former Nigerian Bar Association (NBA) President Chief Wole Olanipekun (SAN), is challenging NCC’s powers to impose the fine.
It argued that NCC, being a regulator, could not assume all the functions of the state.
MTN said the commission could not make the regulation, prescribe the penalty and impose the fine payable to it and not to the Federal Government.
The firm alleged that it was not afforded its constitutional right to fair hearing before a court of competent jurisdiction.
Besides, MTN said it had not been found guilty of any offence that would warrant it to pay such a fine.