The Nigerian Police Force (NPF) has filed a four-count criminal charge against MTN Communications PLC and two others, Mr. Olawale Rasheed Ajibade, the manager of MTN’s Modern Workplace IT division and Ms. Lilian Binda, MTN Abuja regional office Adviser for Organizational Effectiveness and Performance before the Federal High Court in Abuja.
The case, filed under Charge No: FHC/ABJ/CR/285/2625-Inspector General of Police versus MTN Nigeria Communication PLV, Olawale Rasheed Ajibade and Lilian Binda- follows a petition by a former staff of MTN Nigeria Communication PLC, Chief Chrispher Oyemike over alleged misclassification of employment status and wage entitlement dispute.
Oyemike, in a petition to the Deputy Inspector General of Police, Federal Criminal Investigations Division (FCID), Abuja had, among other things, alleged that MTN may have compromised the investigations originally carried out by the Delta State Police Command, Asaba where the findings of police investigation clearly states Oyemike’s case has merits but contradicts the decision to dismiss the matter because according to the investigator “powers beyond his control wants him to do otherwise”.
According to court documents obtained by our reporter, the charges against MTN border on cybercrimes, computer data alteration, suppression and tampering of lawful evidence. The case is linked to arbitration meeting at the instance of the Minister of State for Labor and Productivity between Oyemike and MTN.
According to Oyemike, during the conciliation meeting at the instance of the Minister of State for labor and productivity, MTN insisted that he is no longer their staff, not entitled to any payment and refused any commitment to pay any entitlement. He maintained that he is still an MTN staff member by law and entitled to all emoluments that his employment by MTN offers.
When neither party could agree, the office of the Minister of State for labor and productivity that they should wait for its report before they approach the court system for a resolution.
The Minister of State for labor and productivity report, dated 9th June 2023, according to Oyemike, advised that “my only recourse is to approach the court if I am not satisfied with MTN’s rigid position.”
However, on 31st June 2023, according to Oyemike, he received an alert confirming payment to his account by MTN. Both the Minister of State for labor and productivity report and MTN payment were communicated through his official MTN email account -Christopher.oyemike@mtn.com.
Oyemike alleges that MTN, through Mr. Ajibade and Ms. Binda unlawfully accessed his official email account and deleted email correspondence with the Minister of State for labor and productivity report on the dispute and MTN payment communications.
Oyemike, in his statement, also alleges that MTN deliberately deleted emails in question to prevent their future use as evidence in any possible litigation over the dispute.
“I noticed the scenario where MTN, a telecommunications company recalling or making unreadable an email conveying monetary payments to one of its employees and based on the Nigerian Cybercrime Act of 2015 is a violation of the law, ” he said.
Indeed, my realization that MTN may have potentially violated several laws and regulations with its actions dealing me decide to seek redress through the appropriate legal channels to ensure that justice is done and to prevent this corporate bullying by MTN from happening to any other Nigerian.
Oyemike stated that following his petition, the police invited MTN’s Mr. Ajibade and Ms. Binda for questioning, and subsequent findings led to the filing of criminal charges before the Federal High Court, Abuja. This matter is now before the judiciary, and I am hopeful that justice will be done to prevent corporate malfeasance that hitherto go unchecked.
MTN declined comments arguing that they do not comment on an ongoing matter in court.
