Tuesday, April 26, 2016

MTN Pays Ex-CEOs $2.8mn To Exit After Nigeria Fine


MTN Group Ltd. awarded former group chief executive officer, Sifiso Dabengwa $1.6 million and Mike Ikpoki, former CEO of MTN Nigeria $1.2 million payouts for resigning after the company was fined a record N1.04 trillion ($5.2 billion) by Nigerian Communications Commission for not deactivating 5.2 million subscriber lines.
The payout equates to almost three years’ basic salary and took Dabengwa’s total 2015 remuneration to 40.6 million rand, Johannesburg-based MTN said in the company’s 2015 Integrated Report published yesterday according to Bloomberg.
The two executives were rewarded even after they resigned to take
responsibility for the Nigeria penalty, which equates to about three years of MTN’s earnings before interest, taxes, depreciation and amortization in the country. MTN shares fell 1.3 percent to 145.47 rand as of 12:47 p.m. in Johannesburg, valuing the company at 268 billion rand.
Nigeria is the biggest of MTN’s 22 markets across Africa and the Middle East, with currently 57 million subscribers. MTN Nigeria and MTN South Africa collectively account for 63 per cent of the Group’s total revenue. The CEOs of  these operations therefore sit on the executive board.
The stock has declined 24 percent since the fine, later reduced to $3.9 billion, was made public in October. Phuthuma Nhleko, the former CEO who returned as executive chairman to resolve the Nigeria crisis after Dabengwa resigned, was paid five million rand for work from Nov. 9 until the end of the year. His contract is for six months, indicating a total payout of 17.5 million rand. He may also be due a bonus when his contract expires on May 9, according to the annual report.
MTN and Nhleko have yet to settle the fine, despite hiring former U.S. Attorney General Eric Holder to represent the company and making a 50 billion naira ($251 million) down payment. In March, the wireless operator proposed a $1.5 billion package that included cash, government access to its wireless network and an offer to buy Nigerian sovereign debt.
While the offer hasn’t been formally rejected, negotiations are not currently underway, Nigeria Minister of Communications Adebayo Shittu said April 20. Nhleko said “The  $5,2 billion  fine  imposed  by  the  NCC for  the  late  disconnection  of   5.1  million  improperly  registered  subscribers,  and  its  subsequent  reduction  at  the  NCC’s  discretion  to  $3,9  billion,  was  the  most material   and   multi-faceted   challenge   the   Group faced   in   2015.
He said months   of    intense   engagement  with  the  NCC  led  to  a  good  faith  payment  of   US$250   million  to   the   Federal   Government   of Nigeria on 24 February 2016, on the basis that this would be applied towards a settlement.
“Furthermore, we  agreed  to  retract  our  legal  action  against  the  NCC  in  support  of   an  environment  conducive  to  reaching  an  amicable  settlement  on  the  matter.  Negotiations are ongoing. Our subsequent  engagement   with   the   regulator   has   shown   its willingness to work with all operators to address the difficulties encountered in this process.
“Irrespective  of   these  extenuating  circumstances, the board concluded that MTN Nigeria’s response to the   directives   from   the   regulator   pertaining  to improperly registered subscribers could have been handled differently and with a high sense of  urgency. Turning  to  some  of   the  challenges  that  hampered
our  operational  execution  in  the  year,  and  linked  to the subscriber registration issue, MTN Nigeria faced disruptions in the course of  stringently enforcing the disconnection  of   6,7  million  subscribers  following the  imposition  of   the  fine,  which  was  followed  by a further  4,5  million  at  the  end  of   February  2016.
Nhleko said by and large, improper registration is not a case of customers having no proof of  identity but rather of incomplete  forms.  We continue  to  engage  actively with  subscribers  to  rectify  this  and  reconnect  them and this process is progressing well. MTN Nigeria’s competitiveness was also compromised   by   the   suspension   of regulatory services in October 2015. This entailed the NCC withdrawing  its  approval  of   new  tariff   plans  and promotions until certain tariff  plans and promotions, which were deemed to be linked to its determination of MTN  as  a  “dominant  operator”,  were  removed from the market.”


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