Lagos — Mobitel Nigeria Ltd. has sued Minister of Information and Communications, Dora Akunyili, at a Federal High Court in Abuja over cancellation of the 2.3GHz licensing process.

The News Agency of Nigeria (NAN) reports that Mobitel is one of the 'successful' applicants of the botched 2.3GHz spectrum licensing process, cancelled by the Ministry Information and Communications because of alleged lack of transparency.

Nigerian Communications Commission (NCC) had sold the frequency slots to three companies, Mobitel Ltd, Spectranet Ltd. and Multi-links Telkom Ltd for N4.10 billion.

Joined in the suit as 2nd, 3rd and 4th respondents respectively are the Federal Ministry of Information and Communications, Minister of Justice and Attorney-General of the Federation and the NCC.

NAN reports that Mobitel, through its counsel, Alex Izinyon (SAN), is demanding an order compelling NCC to allocate it a slot in the 2.3GHz spectrum because it had fulfilled all requirements.

Counsel to the 1st and 2nd respondents, Chris Uche (SAN), confirmed the impending suit, but pointed out some improprieties.

In a motion of notice obtained by NAN, Akunyili and the ministry requested the court to set aside what they called the fraudulent service of the originating motion by Mobitel in the case.

"The 1st and 2nd respondents have not been served properly with the originating process and other processes in the suit.

"They were surprised to be served with a hearing notice dated July 21, 2009 on the same day for the first time of a suit said to be coming up for hearing on July 27, 2009.

"The address for service indicated on a copy of the originating motion as address of service of the 1st and 2nd respondents is patently incorrect.

"The proof of service filed by the bailiff confirms service meant for the 1st and 2nd respondents was done elsewhere and to some unknown third party in another ministry," the motion said.