At the resumed hearing on Wednesday, the Federal Competition and Consumer Protection Commission (FCCPC) informed the Federal High Court in Abuja that repeated attempts to serve Toriola and the others with court documents had been deliberately thwarted. 

Representing the commission, legal counsel Nsitem Chizenum stated: “We have made several efforts and we equally used the bailiff of this court to serve them, but it seems they were evading service, my lord.”

The FCCPC had filed a two-count charge against MTN Nigeria Communications Plc, Toriola, Chief Corporate Services Officer Tobechukwu Okigbo, and Regulatory Affairs General Manager Ikenna Ikeme. 

The charge (FHC/ABJ/CR/354/2024), dated 19 July 2024 and filed three days later, alleges deliberate failure to comply with a lawful request for documents during an ongoing investigation. It also accuses the executives of obstructing regulations to probe MTN’s compliance.

None of the defendants appeared in court. No lawyer represented them either. According to Chizenum, the FCCPC has now involved the Nigeria Police to help ensure the accused are brought before the court. The judge, Justice Hauwa Yilwa, has set 25 September 2024 as the new date for arraignment.

The first count accuses the defendants of failing to produce documents requested via a formal summons on 17 May 2024. A follow-up extension, granted by the commission on 5 June, was also ignored.

The second count states that by refusing to respond to statutory notices, the defendants obstructed the FCCPC’s ongoing inquiry, an offence under Sections 33(3) and 111(1) of the FCCPC Act, 2018.

This is not Toriola’s only brush with regulatory accusations. Earlier this year, in a separate case, the Nigerian Copyright Commission (NCC) dragged MTN and its CEO into another courtroom drama. 

The commission alleges that between 2010 and 2017, MTN unlawfully used copyrighted music by Nigerian artist Maleke Moye as caller tunes without the artist’s permission. 

Others named in that case include MTN executive Nkeakam Abhulimen, Fun Mobile Ltd, and its CEO Yahaya Maibe. That case is still pending before Justice Inyang Ekwo.

He shared this perspective at the Network of African Data Protection Authorities (NADPA) Conference, held in Abuja recently.

The conference convened industry leaders, policymakers, and experts to discuss the role of data and AI in shaping Africa’s future.

Key discussions focused on balancing innovation with risk, safeguarding data in AI systems, promoting responsible data use, and enabling cross-border data flows.

During a panel on “Data Governance for Responsible and Beneficial Use of AI,” Ikenna Ikeme highlighted data’s dual nature.

“Data can be transformational by bringing efficiency to businesses, but it also presents risks, ranging from privacy to investment,” he stated.

He warned against relying too much on external data.

Adewale Adene, Google’s Government Affairs and Public Policy Manager, also spoke at the session. Adene projected AI and data governance could add $30 trillion to Africa’s economy by 2030.

“All relevant authorities and stakeholders must ensure Africa is positioned to capitalise on this new economy,” he urged.

Other panelists included Nonye Ujam, Government Affairs Lead at Microsoft; Ololade Shyllon, Director of Privacy Policy for Africa, the Middle East, and Turkey at Meta; Oliver Patel, Head of Enterprise AI Governance at AstraZeneca (who joined remotely); Femi Daniel, Senior Counsel, Privacy and Data Protection at Mastercard; and Adewolu Adene, Government Affairs and Public Policy Manager at Google.

The conference stressed the urgent need for African stakeholders to create strategic policies. These policies should support both growth and safety.

Participants called for collaboration, investment in local data infrastructure, and strong legal frameworks. This is to ensure AI technologies are developed and used responsibly.

The NADPA Conference served as a timely call to action. It urged governments, companies, and regulators to prioritise trust and transparency. Homegrown solutions are key in shaping Africa’s digital destiny, the conference concluded.