Salami
Telecommunication giant, MTN Nigeria has disagreed with former Osun State Governor, Prince Olagunsoye Oyinlola and the Peoples Democratic Party (PDP) on their requests for call logs.The duo accused MTN of not releasing the full Call Data Records (CDRs) of the suspended President of the Court of Appeal, Justice Ayo Salami to the National Judicial Council (NJC).
The suit before a Federal High Court, Abuja, was filed to frustrate plans by the NJC to reinstate Justice Salami , who presided over the two different panels that sacked both Oyinlola and former Ekiti State Governor Segun Oni.
A few weeks ago, Justice Peter Affen of the FCT High Court dismissed a suit filed by Oni against Justice Salami for not disclosing reasonable cause of action.
In its statement of defence filed to the present suit, MTN claimed it does not have the storage capacity to store and release CDRs beyond three months.
In a witness statement on oath filed in court by MTN’s Senior Manager, Commercial Legal, Mr. Rotimi Odusola, he averred that, “I know as a fact due to capacity and storage constraint, the first defendant (MTN) can only release CDRs for periods not exceeding three months from the date of receipt of a legitimate request for the release for the CDRs.
“I know as a fact that the first defendant’s standard requirement with respect to its post-paid subscription are consequent on its policy upon which it has absolute prerogative.
“I know that the first defendant released Adeolu Oyinlola’s CDR to him in compliance with its obligations to its subscribers.”
Responding to paragraphs 22 to 23 of the statement of claims, the MTN states that it always cooperates with security agencies and accedes to their legitimate requests while adhering to its rigid procedures to ensure its customers confidentiality regime is not compromised or prejudiced and also within the confines of its capacity and storage constraints. It was consequent to this that the first defendant upon request for call data records from the Police Force Area G command Headquarters Ogba, forwarded the CDRs to the command.”
Reacting to MTN’s statement of defence, the former governor and his prime witness, Adeolu Oyinlola exhibited several call logs released by telecommunication outfit which spanned over six months.
The plaintiffs claimed that they have three incontrovertible documentary evidence showing that MTN was dishonest and mischievous with intent of misleading the court.
They stated that the said documentary evidence were call logs from MTN which spanned beyond three months to six months. They claimed that while the call data released to the office of the National Security Adviser (NSA) by MTN covered only three months, the data released to the Area G Command covered the required five months.
In the suit,the plaintiffs are contending that the call data of those months which were deliberately left out in what was given to the NSA would have made all the difference in reaching a different conclusion by the NJC’s panel.
According to the plaintiffs, “The first defendant’s storage capacity is not limited to three months. The call data records the 1st defendant released to Area G Command, Ogba, covered the period between September 1, 2010 and January 31, 2011 five calendar months). We shall also be calling the Area Commander, Area F Command, Ikeja, Lagos to tender the call data records of a certain Sunday Awobiye which spanned a period of six calendar months. The said call logs were released also by the first Defendant.
“These buttress the plaintiffs’ assertion of the first Defendant’s inconsistent, fraudulent and manipulative tendencies: The first call data record released to Adeolu Oyinlola by the first Defendant on the August 4, 2011 (already pleaded) covered only a period of one month, while the second call data record released by the same first Defendant to the self-same Adeolu Oyinlola on March 21, 2012 covered three months. Very significantly, unlike the call data records the first Defendant released to the security agencies at the (behest of the National Judicial Council, both of the call data records released to Adeolu Oyinlola, as well as the call data records released to Areas F and G Commands had originating and terminating components. The second call data record aforementioned is hereby pleaded”.
Justice Bilikisu Aliyu has adjourned the matter till May 10.
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