By: Umar Maradun
Gusau

A Group under the aegis of  Zamfara Circle in Zamfara state  has a filed suit before Zamfara State High Court  over alleged breach of contract between the telecommunication companies and  the subscribers in the state.

They argued that the prolonged shut down of network services in the state has caused suffering and losses to the teaming subscribers of the network services in the state and want the court to determine whether the plaintiffs are entitled for damages as result of the losses they suffered.

That the Defendants unilaterally shut down all communication services throughout Zamfara State since 3rd September, 2021 and never sought and obtained any order of a court of law. 

Six out of 14 local government areas in the state are currently without telecommunication services.

In a motion ex-parte filed at the court in Gusau on Monday by the Plaintiff/Applicant Zamfara Circle Community Initiative, Musa Umar and Ahmed Jamilu,  said that their claim is based on breach of contract entered into in Zamfara State between the Plaintiff and Defendants/Respondents, MTN Nig. Communication Ltd., Globacom Ltd. and Bharti Airtel Ltd respectively for the provision of telecommunication services including internet and emails.

Also, joined in the suit are the Executive Governor of Zamfara State, Attorney-General and Commissioner for Justice of Zamfara State and Nigeria Communications Commission,NCC as 1st, 2nd and 3rd Defendants/Respondents respectively. 

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.

The suit is praying the court to determine among others, wether there exists between the Plaintiffs and the 4th, 5th and 6th Defendants, a binding contract for the provision of telecommunication services including internet and email?

Similarly, wether 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.

Also determine wether the Plaintiffs are not entitled to damages against the Defendants arising from direct losses suffered by them within the period that the 4th, 5th and 6th Defendants shut down of telecommunication services including internet and email in Zamfara State.

Other prayers for determination by the court include that the relationship between the Plaintiffs and the 4th, 5th and 6th Defendants is contractual and binding and  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.

Also seeking an order from the hounorable court to direct the Defendants to immediately restore telecommunication services in Shinkafi, B/ Magaji, Zurmi, Maru, Maradun and Bakura Local Government Areas of Zamfara State.

The siut is also praying the court to direct 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, with additional Six Million Naira (N6,000,000.00) being the cost of prosecuting this suit.