The Plaintiff took out an Originating Summons in 2003 at the Federal High Court, (“FHC”) seeking several declaratory reliefs against Nigerian Communications Commission (“NCC”) based on the provision of the Nigeria Communications Act, 2003 (“the Act”). The Plaintiff filed the Suit consequent upon NCC’s refusal to deliver to it, “relevant application forms for a 3-G telecommunication licence”. PUC filed a Preliminary Objection (“PO”) challenging the competence of the Suit for failure of the Plaintiff to comply with the conditions precedent as stipulated in Sections 86, 87 and 88 of the Act. Our PO is therefore a test case to determine the validity or otherwise of the conditions precedent in the said Sections.

The Court after taking the submissions of Counsel upheld our submissions, declined jurisdiction and consequently struck out the Suit.