Zamfara Community Cycle Initiative, Musa Umar and Ahmad Jamilu have dragged the Governor of Zamafara state, the Attorney General and Commissioner of Justice, Nigeria Communication Commission, MTN, Globacom and Bharti Airtel Ltd to court over the recent withdrawal of mobile telephone network services announced by the Zamfara state Government. By the suit, the plaintiffs are alleging breach of contract by mobile network companies.
Consequently, the plaintifs want an order directing the Defendants, jointly and severally, to pay damages of One Hundred Million Naira (N100,000,000.00) damages for direct loses suffered by the Plaintiffs.
In addition, they want an order directing the Defendants, jointly and severally, to pay to the Plaintiffs Six Million Naira (N6,000,000.00) being the cost of prosecuting this suit.
The suit was filed on behalf of the plaintiffs by their lawyer, Barrister Sylvester Imhanobe.
The plaintiffs among others, are asking the court to determine whether there exists between them and the 4th, 5th and 6th Defendants, a binding contract for the provision of telecommunication services including internet and email.
“Whether the directive of the 1st and 3rd Defendants to the 4th, 5th and 6th Defendants to unilaterally shut down the telecommunication services in Zamfara State on the 3rd September, 2021 thereby denied the Plaintiffs access to the use of telecommunication services in the State is not a breach of the contract between the Plaintiffs and the 4th, 5th and 6th Defendants?
They want a declaration that the relationship between the plaintiffs and the 4th, 5th and 6th Defendants is contractual and binding.
“A declaration that the directive of the 1st and 3rd Defendants to the 4th, 5th and 6th Defendants to unilaterally shut down telecommunication services in Zamfara State on the 3rd September, 2021 induced a breach of the contractual relationship between the Plaintiffs and the 4th, 5th, and 6th Defendants.
“A declaration that the act of the 4th, 5th and 6th Defendants to comply with the directive of the 1st and 3rd Defendants and to unilaterally shut down telecommunication services in Zamfara State on the 3rd September, 2021 is a breach of the contractual relationship between the Plaintiffs and the 4th, 5th, and 6th Defendants.
More so, the plaintifs want an order directing the Defendants to immediately restore telecommunication services in Shinkafi, B/ Magaji, Zurmi, Maru, Maradun and Bakura Local Government Areas of Zamfara State.
They also want an order of perpetual injunction restraining the 1st, 2nd and 3rd Defendants from ever at any time in future, directing the 4th, 5th and 6th Defendants or any other telecommunication service provider operating within Zamfara State to shut down or deny access to the use of its services within the State except it is in compliance with an order of court or a breach of a written law or regulation.
The motion was brought pursuant to Order 15 Rule 3 (1) of the High Court of Zamfara State (Civil Procedure) Rules 2014, sections 96, 97, 98 and 99 of the Sherriff and civil process Act, Cap 551, LFL 2004 as well as the inherent jurisdiction of the court.
No date has been fixed for hearing of the matter. END.
