PUC in March 2008 successfully defended the Suit on behalf of Celtel Nigeria Limited before the Federal High Court (“FHC”). PUC had challenged the competence of the Suit on the ground that FHC lacks the jurisdiction, as the subject matter of the said Suit was a simple contract between the parties.

The Plaintiff’s claim vide its Originating Summons is based on the dealership agreement for the sale and marketing of the Defendant’s products by the Plaintiff. The Plaintiff’s contention was that the parties are both licensed by Nigerian Communications Commission, thereby making the dealership agreement subject to Nigerian Communication Act, Cap N97, Laws of the Federation of Nigeria, 2004, which vested jurisdiction on the FHC. The Court upheld our submissions, declined jurisdiction and consequently struck out the Originating Summons.

The Ruling of the FHC in this Suit, effectively determined the fate of similar Suits by other Plaintiffs. Accordingly, (i) FHC/EN/CS/2/08: Smartnet Communications Limited V. Celtel Nigeria Limited (ii) FHC/EN/CS/3/08: Quicknet Technologies and Communications Limited v. Celtel Nigeria Limited (iii) FHC/EN/CS/4/08: Multicom Concepts Limited v. Celtel Nigeria Limited (iii) FHC/EN/CS/5/08: Zenel Nigeria Limited v Celtel Nigeria Limited (iv) FHC/EN/CS/6/08: Grace Roberts & Co Limited v  Celtel Nigeria Limited  were equally struck out.