Former Member of Parliament for Kumbungu and ex-Chief Executive of the National Youth Authority, Abdulai Mohammed Mubarak alias Ras Mubarak, has filed a lawsuit against leading telecommunications company MTN Ghana (Scancom PLC) at the High Court in Accra. 

Mubarak is seeking $5 million in damages for what he describes as the telecommunications giant’s failure to provide him with roaming services during an international business trip.

The suit, filed on November 27, 2024, outlines the former MP’s grievances, alleging breach of contract, reputational damage, and financial loss due to MTN Ghana’s inability to activate its roaming service despite prior arrangements.

Details of the claim

In his statement of claim, Mubarak asserts that he had relied on MTN’s services for over two decades to conduct business, manage personal affairs, and fulfil family obligations both locally and internationally.

Before embarking on a business trip in September 2024 to the United Arab Emirates, Bahrain, Turkey, and Saudi Arabia, Mubarak activated MTN’s roaming service. However, upon arrival at his first destination, he discovered he could not access the network.

“I attempted to access my mobile phone service many times without success, making it impossible to receive calls, send or receive SMS, and access internet data service,” Mubarak stated in the court filing.

He further alleged that MTN Ghana’s failure to resolve the issue despite multiple complaints caused him immense hardship.

“The disruption occasioned by the Defendant’s failure… caused immeasurable damage to my business, including loss of business opportunities and severe reputational injury,” Mubarak said.

The former MP also detailed how the service failure left his family stranded as he could not receive one-time passwords (OTPs) for financial transactions.

“I was forced to practically go begging for funds from employees and associates to honour my responsibilities towards my family and businesses,” Mubarak added.

Demands for compensation

Mubarak’s suit seeks several reliefs, including:
– $1 million as damages for breach of contract.
– $4 million for hardship, inconvenience, and reputational injury.
– Interest on the amounts awarded at commercial bank lending rates.
– Full indemnity for the cost of the action, including attorney’s fees.

He also called for a declaration from the court that MTN Ghana’s failure to provide roaming services constituted a breach of contract.

The court filings reveal that MTN Ghana issued an apology dated October 17, 2024, after Mubarak’s lawyers sent a demand notice seeking compensation. However, Mubarak criticised the apology as inadequate, describing it as dismissive of the gravity of his ordeal.

“The Defendant offered a mere waiver of my post-paid bill for September as compensation, trivialising the extent and duration of my ordeal,” Mubarak claimed.

“Having exhausted all options to amicably resolve my grievances… I am fortified in my opinion that the Defendant will continue to ignore or trivialise my ordeal unless compelled by the orders of this Honourable Court to compensate me,” he said.

Mubarak’s Facebook statement

Following the filing of the lawsuit, Mubarak took to Facebook to explain his decision: “I sued MTN Ghana (Scancom PLC LTD) yesterday at the High Court of Justice, praying the Honourable Court awards compensation in the sum of $5 million USD for damages caused by MTN’s inability to offer services. Before initiating the suit, my lawyers had given MTN Ghana reasonable time to offer an apology and reasonable compensation, but alas, they dithered. Never must we allow big corporations to take customers for granted.”