ABSTRACT

This research sets out to examine the role of the Nigerian communication commission in regulating the Nigerian telecommunication sector. It further scrutinizes the legal and regulatory framework surrounding the business of telecom industry in Nigeria. It predominantly scrutinizes the provision of the law establishing the National regulator vis a vis other laws establishing the institutional framework, the service providers and the consumers of these telecom services. Such laws as the company Act, Nigeria communication Act, National environmental standards and regulation enforcement agency (NESREA) Act, Consumer protection Act, Criminal law, law of tort, planning Laws, Land Use Act and other regulations tangential to/with the provision of telecom services in the country. The research identifies certain inherent problems and challenges that has militated the commission in its application of its power as provided in the statute. It further examined the lacunas, drawbacks and limitations existing in the telecom regulations and proceeds to advance reform and recommendations towards the efficient administration and implementation of telecom laws in Nigeria in the overall benefit of the telecom business in Nigeria. Findings from the research shows that the Nigerian Communication Commission is the national regulator of the Nigerian telecommunication industry and it plays a major role more than any other agency/institution in the telecommunication sector. Nonetheless, this study observed that the approach of the NCC toward the protection of telecommunication consumers, poor quality of services provided by the telecommunication providers, and the centrality of the telecommunication services, etc. has posed a major challenge to telecommunication regulation in Nigeria. This quandary has been compounded particularly by the incessant impact of convergence in the telecommunication atmosphere. Currently, different regulatory frameworks for telecommunication in Nigeria have not created ample instrument to warrant synergy and build an enabling environment for the adequate implementation of telecommunication regulations. In this regard, it is the recommendation of this research work that a comprehensive legal framework need to be re-structured in this area so as to allow a hitch-free and unlimited range of telecommunication services.

CHAPTER ONE

INTRODUCTION

1.1                Introduction

The world has become a global village with Telecommunication being an indispensable tool in the entire process of globalization¹. However, it is not in dispute that Telecommunication industries play essential roles in this process. This is obviously why development process in this vital sector over the years has been phenomenal all over the world. In fact, this is why emerging trend in socio – economic growth shows high premium being placed on Information and Communication Technology (ICT), by nations, organizations and homes². Unlike in the past, government consider Telecommunications service to be so vital to national interest and economic development that it was placed directly under their control in most countries until fairly recently, when deregulation and competition were introduced³.

The emergence of Telecommunication has brought a new era in Telecommunication industry. The internet, mobile phone and computer, have brought about a fundamental shift in patterns of communication and human relationships. Communication revolution has also brought about amazing social, economic, cultural and psychological transformation. It has reduced the globe into a village through deduction of time and space. The recent advances in telecommunications technology have been an important vehicle in permitting information exchange to develop at a valuable commodity for moving the country into post industrial and information based economic growth. In this present world, a modern telecommunication infrastructural development is not only essential for domestic economic growth, but is a

¹ Asogwa, F.O. et al „‟The Impact of Telecommunication Expenditure on Economic Growth in Nigeria‟‟ (2013) Journal of Economic and Sustainable Development, Vol. 4, No. 13, (2013) Also available online

² Ibid.

³ Ibid.

prerequisite for participation in increasingly competitive world, markets and for attracting new investment⁴.

Nigeria at the moment has not been left out of rapid development of telecommunication industry in the world. The nation‟s telecommunication industry was liberated with the return of democracy in 1999. This led to the granting of Global System for Mobile Telecommunication (GSM) license by the Nigerian Communication Commission (NCC) to three providers: Econet, MTN, and MTEL. This was followed by the licensing of the Second National Operator (SNO), in 2003; that is, Globacom and Universal Access Service Licenses of 2006 which include fixed telephony, VSAT and internet service providers. Also, in March 2008, the NCC gave license to another GSM operator known as Etisalat. And presently NCC has issued more than 200 licenses to intending telecommunication operators⁵.

According to NCC 57.8 million telecommunication subscribers in Nigeria use internet data as at October 2013. As at June 2012, Nigeria had 28.4% of internet penetration and 48.3 million populations as internet users, 113 million mobile subscribers and 69.01% mobile penetration out of 167 million total African internet users⁶. Nigeria is reported to be number 1 in African in terms of internet users out of the continent‟s 1 billion total population estimate in 2012, with a 15.6 % of internet penetration rate and 51.6 million facebook subscribers as well as 4.8 of penetration rate⁷.

According to International Telecommunication Union (ITU) – world in 2014 ICT facts and figures, the new figures shows that, by the end of 2014, there was almost 3 billion internet users, two-third of them coming from the developing world, and the number of mobile broad

⁴ Ibid

⁵ Ijewere, A.A, „‟Telecommunication in Nigeria: The Marketing Challenges‟‟ (2012) Journal of Research In Development (2012) Vol. 10 No.2 ISSN 1596-8308. Also available online

⁶ Ladan, M.T. Cyberlaw and Policy on Information and Communications Technology in Nigeria and Ecowas, Ahmadu Bello University Press Ltd. Zaria, Kaduna State, Nigeria, (2014)

band subscription will reach 2.3 billion globally. Fifty-five % of these subscriptions are expected to be in the developing world. Mobile broadband remains the fastest growing market segment with continuous double digit growth rates in 2014. Mobile broadband is growing fastest in the developing countries, where 2013/2014 growth rates are expected to be twice as higher as developed countries (26% compared with11.5 %). By end of 2014, the number of mobile broadband subscription had reach 2.3 billion globally almost 5 times as many as just as just six years earlier in (2008).mobile broadband penetration in Africa reaches close to 20% in 2014. By end of 2014, 55% of all broadband subscriptions are expected to be in the developing world compared with only 20% in 2008. Mobile cellular growth rates have reaches their lowest ever level (of 26% globally), indicating that the market reaches its saturation level. The continuous increase in mobile cellular subscription is mostly due to growth in the developing world, penetration in developing countries continuous to growth twice as much as in developed countries (3.1% compared with 1.5% respectively in 2014). 44% of all fixed broadband subscription in Asia-pacific compared with only 0.5% in Africa. Fixed broadband penetration continuous to grow at albeit slowly (at 4.4% globally) mostly due to slowdown in developing countries, where fixed broadband penetration rates are expected to drop from 18% in 2011 to 6% in 2014.In developed countries, fixed broadband penetration will grow at around 3.5% in 2014 compared with 4.8% in 2011. The number of household with internet access in developing countries surpassed those in developed countries in 2013, and doubled between 2010 and 2014.⁸

Around 40% of the world population has an internet connection as at July 1^st 2014. In 1995 it was less than 1%. The number of internet users has increased tenfold from 1995-2013. The first billion was reached in 2005, the second billion in 2010 and the third billion will be reaching by the end of 2014. In 2014, nearly 75% (2.1 billion) of all internet users in the

world (2.8 billion) live in the top 20 countries. The remaining 25% (0.7 billion) of all internet users is distributed among the other 178 countries, each representing less than 1% of the total users. China, the country with most users (642 million in 2014), represent nearly 22% of total and has more users than the next three countries combined (US, India and Japan). Among the top 20 countries, India is the one with the lowest penetration: 19% and the highest yearly growth. At the opposite end of the rage, US, Germany, France, UK and Canada have the highest penetration: over 80% population in these countries has an internet connection. In Africa, Nigeria top the list with 67.1 million users; 16 % of growth rate, 37.59% of penetration rate and 9.36 million users‟ growth rate.⁹

In 2011, at least 2.3 billion people, the equivalent or more than one third of the world‟s total population, had access to the internet. Over 60% of all internet users are in developing countries, with 45% of all internet users below the age 25 years. By the year 2017, it is estimated that mobile broadband subscription will approach 70% of the world‟s population. By the year 2020, the number of network devices (the „internet of things‟) will outnumber people by six to one, transforming current conception of the internet. In the hyper connected world of tomorrow, it will become hard to imagine a „computer crime‟ and perhaps any crime that does not involve electronic evidence linked with the internet protocol (IP) connectivity.¹⁰

1.2              Background to the study

Telecommunications¹¹ refers to the convergence of audio-visual and telephone networks with computer networks, and the technology encompasses a wide range of activities, ranging from office data processing to remote control and monitoring of manufacturing robots¹². It also

covers the enabling infrastructures e.g. fibre optic cables, which carry voice, data and video

⁹ Ibid,

¹⁰ Ibid.

¹¹ The term which is largely synonymous with information and communication technology (ICT)-See Edwards

C. and Savage N., Information Technology and the Law, 2^nd Ed. (Macmillan 1990), p.1.

¹² Ibid.

communications¹³. A major offshoot of the convergence of telecommunication is the emergence of the internet, which is a content distribution network comprising of a global system of interconnected computer networks through which data is interchanged. The technology consists of millions of private and public academic, business and government networks of both local and global scope which facilitates the dissemination and exchange of information, and makes diverse other forms of non-physical interaction the new reality.

Due to its many possibilities, telecommunications constitute veritable tools for socio- economic development, which makes the legal and regulatory environment for their application in developing countries critical. Among other impacts, telecommunication have brought about significant changes in business practices with respect to banking transaction and, to some extent, the buying and selling of goods and services, through the possibilities of the medium to promote trade and commerce through wider access to prospective customers from anywhere in the globe for products and services. Telecommunications have therefore transformed the business world, including the banking, trading and entertainment sectors, making the sector more efficient and less limited by barriers of time, space, distance and costs. Telecommunications also have the potential to contribute to poverty alleviation through websites promoting local products in international markets, and facilitating access to market information for competitive prices for locally produced crafts, clothing and farm produce¹⁴. The technology further offers an opportunity for the exploitation of foreign markets for cultural products, a market which continue to expand in line with increases in the African Diaspora eager for means to access local food, clothes, music, films and other aspects of their cultural identity and heritage.

¹³ Ibid.

¹⁴ See for example, where diverse local and international businesses promote and market their artwork, craft, African textiles, beads and other wares.

Conversely, the technology has been accompanied by the emergence of new dimensions of crimes by those who, rather than exploiting the opportunities presented by ICT in legitimate ways for positive activities, rather do so for dubious or out rightly fraudulent acts. Thus, cybercrimes¹⁵ like child pornography, fraudulent electronic fund transfers and unauthorised access to computer systems has become widespread. Tackling the problem of cybercrimes and the attendant image nightmare to Nigeria poses legal and policy challenges, which result in efforts to stretch the laws in a bid to accommodate the new challenges.

The fact however, is that there is a limit to which laws, which were promulgated in a different technological and socio-economic context, can adequately carter for the new technological realities presented by ICTs. It thus becomes necessary for legal rules to be develop to tackle the issues and challenges brought about by ICTs, in order to promote public confide006Ece, maximise the benefits of the technology and encourage wider acceptance and use by individuals as well as private and public organisations.

With particular reference to the role of Nigeria Communication Commission (NCC) in regulating the telecommunication sector, the commission has been facing certain constraints over the years which has militated the commission in application of its power as provided under statute.

1.3              Statement of the research problems

The Nigerian Communication Commission as the independent regulator is one of the agencies out of the several agencies saddled with the responsibility of regulating the Nigeria telecommunications sector. It also issue licenses to intending telecommunication operators and facilitate private sector participation and investment in the telecommunication sector etc. In the discharge of these duties, the Commission alongside the other national regulators have

¹⁵ It also includes computer-related offences, fraud and computer-related fraud like online auction fraud, advance fee fraud, computer related forgery, identity theft and misuse of devices

being facing certain constraint over the years. This is by virtue of certain inherent problems and challenges that has militated the commission and its sister agencies in the application of their powers as provided in their respective statutes. Some of these problems are:

A.                Regulatory overlap

The tussle between National Environmental Standard Regulation and Enforcement Agency (NESREA) And Nigerian Communication Commission (NCC) over which of the two is the appropriate agency responsible for regulating the operation of base stations of telecommunications company in Nigeria came as a result of NESREA‟s shut down of MTN‟s Base Transceiver Station which was thereafter re-opened by NCC insisting that it has the sole mandate to regulate the telecom industry and not NESREA. Although, the supervising ministries of the two agencies¹⁶ have met and they seem to have resolved the entanglement, the solutions proffered arguably remain temporary one. One of the solution arrived at is that telecom facilities that were erected before NESREA‟s Regulation¹⁷ came into being and which complied with NCC‟s Guideline¹⁸ of five meters set back should not be sealed while new facilities that are to be set after the law came into force will have to comply with NESREA‟s provision of ten meters set back. This truce is meant to last until the Regulations of both agencies are harmonized. NESREA predicated its actions on the need to protect the environment in line with its mandate in NESREA Act of 2007. While NCC contends that it has the sole mandate to regulate the telecom industry and that NESREA has encroached upon its operational boundary. In view of this conflict, it becomes imperative that a permanent solution is proffered for the sake of stakeholders. Consequently, we submit that of the two positions, NESREA‟s Regulation of ten meters set back is more favoured as it will make it

¹⁶ Ministry of Communication Technology and the Ministry of Environment

¹⁷ National Environmental (Standards for Telecommunication and Broadcast Facilities) Regulations 2011 (NESREA Regulations 2011) s.5(4)

¹⁸ The Guidelines on Technical Specifications for the Installation of Telecommunications Masts and Towers 2009 (NCC‟s Guidelines 2009) s.9(9)(c)

easier for the operators to comply with the provisions of the two agencies with respect to heat, smoke and noise emitted by generators powering the telecom masts. It is further submitted that the NESREA and NCC regulations must be reviewed, and other relevant laws in tandem with telecom regulations harmonized, otherwise after the NESREA and NCC the operators may still be confronted with another overlapping jurisdiction. Such a situation will engender difficulty in the enforcement of those regulations thereby defeating the purpose of their review.

B.                 Cybercrime

As ICT access and use began to grow, so also did the menace of cyber crime. Cyber crime consists of a variety of criminal acts perpetrated through the Internet, and includes e-mail scams, child pornography, hacking, theft of data, identity theft, extortion and a wide array of other nefarious activities. Other ICT–related crimes include the counterfeit cashier’s cheque scheme, which relies on the issuance of fraudulent cheques, and targets individuals that use Internet advertisements to sell merchandise. Another is the advance fee fraud, also known as the “419 scam”, after the section of the Nigerian Criminal Code dealing with the crime of obtaining property by false pretences.¹⁹ The 419 scam combines impersonation fraud with a variation of an advance fee scheme, and relies on letters, emails, or faxes to potential victims from individuals representing themselves as government officials, offering the recipient the “opportunity” to share in a percentage of millions of dollars, while soliciting for help in placing large sums of money in overseas bank accounts.²⁰

¹⁹ Section 419 of the Nigerian Criminal Code, Cap C38, Laws of the Federation of Nigeria, 2004, which provides: “Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a felony, and is liable to imprisonment for three years…”

²⁰ See the International Crime Complaint (IC3) Centre, online

13, last accessed 15th October, 2014

The problem of cybercrime is a global one whose extent, magnitude and impact reverberate throughout various walks of life, leaving hitherto unimaginable damage in its wake.²¹ Popularly referred to as the “yahoo yahoo syndrome” in Nigeria, these fraudulent activities are carried on by a recalcitrant few, but the impact is far reaching due to the world wide reach of the Internet. Cybercrime is not only an embarrassment; it also has negative implications for the positive deployment of ICT for socio-economic growth and development.

With a view to dealing with some of the problems occasioned by cybercrime, the Nigerian government has deployed some legal and enforcement tools, including the enlistment of the Economic and Financial Crimes Commission (EFCC)²², the Nigerian Police Force, and other crime fighting bodies to tackle the problem. Unfortunately however, initial attempts to deal with the problem did not utilise a refined and technology savvy approach to detect and arrest perpetrators. Rather, law enforcement officers largely descended on cyber cafes, carrying out frequent raids, arrests, ban of overnight browsing and other activities. However, resort to cyber cafes for internet access has waned considerably, with more possibilities to access the internet through mobile phones and personal computers. This may be attributed to the deregulation of the telecommunications sector, which has afforded the public the benefit of competitive internet access options by telecommunications companies, thus making private internet more accessible and affordable. This modification in the location of use from cyber cafes to private offices and homes means that physical raids of cyber cafes and other public venues for internet access can no longer constitute a valid approach to tackling online criminal activities. Rather, use of technological means and seeking of relevant information from, and collaboration with Internet Service Providers (ISPS) have become inevitable. This

²¹ ibid

²² See the Economic and Financial Crimes Commission (Establishment) Act (No 1) of 2004, Cap E1, LFN 2004. Among other functions, the EFCC is responsible for the investigation of all financial crimes including advance fee fraud, money laundering, counterfeiting, illegal charge transfers, futures market fraud, fraudulent encashment of negotiable instruments, computer credit card fraud, contract scam, etc. See generally, Section 6 of the EFCC Act. The EFCC is the Nigerian equivalent of the Serious Fraud Office in the UK

on its part raises the need for proper training and adequate deployment of specialised police and other enforcement authorities.²³ Additionally, there is the issue of the security of stored customer data, which has been a concern in many developed countries, where servers holding millions of customer data have been hacked, and storage media such as compact discs holding data on millions of customers have been carelessly misplaced or lost in the post.²⁴ Beyond these however, more effort should be made to refocus on the promotion of positive uses of ICT. In this regard, it is encouraging that Microsoft has partnered with an NGO (Paradigm Initiative Nigeria (PIN)) to tackle cyber crime through its Internet Safety, Security and Privacy Initiative for Nigeria (ISSPIN).²⁵ The programme essentially focuses on redirecting the energy of young Nigerians away from cyber crime and towards positive utilisation of cyber space for legitimate purposes.²⁶ Microsoft also aims at addressing the need for adequate training in information technology among young Nigerians by distributing free compact discs containing Microsoft‟s Digital Literacy Curriculum.²⁷ There is also the practical aspect of empowerment through training programmes designed to arm youths with marketable skills for legitimate business activities in the online environment. As awareness continues to rise about the potentials of the technology, there is a corresponding need for the creation of local content online, establishment of websites for businesses, as well as online advertisements and marketing. Expertise and skills in these areas are therefore increasingly becoming more valuable, and a legal framework that deals with protection of creativity,

²³ Already, some training is being provided for the Economic and Financial Crimes Commission (EFCC), to equip it with skills to curb the menace of cybercrime, through the government itself, as well as through the efforts of some ICT companies like Microsoft, which is collaborating with these agencies with a view to sharing technical knowledge and best practices. Such collaborative efforts will contribute positively to the creation of a legal environment that encourages ICT business development in the country.

²⁴ See for e.g. and Bruce Schneier , Inside Risks, 179, Communications of the ACM, Vol. 48, No. 5, May 2005 online at 128.html

²⁵ See Report titled “Curbing Cybercrime in Nigeria: Microsoft Enlists Nigeria‟s Youth to Tackle Cybercrime,“ online at Microsoft Africa website at last accessed December 15 2015.

²⁶ ibid

²⁷ ibid

prevention of misrepresentations and fraudulent acts become relevant. Hopefully, skill acquisition in these areas will not only reduce the tendency towards commission of cyber crimes, but also contribute to a reduction in the number of the unemployed in the country.

C.                Cyber Squatting

Another area of impact of ICT in Nigeria is the intersection between domain names, which are the titles with which websites are identified and located, and trade mark law. A domain name is the internet equivalent of an online telephone directory,²⁸ and comprises different elements. These elements include a Top Level Domain (TLD), which appears as a suffix to the name of the site,²⁹ and Second Level Domains (SLD), which usually include or even mirror the trademark or business name of the registrant, thus facilitating the functioning of domain names as business identifiers in a manner similar to trademarks.³⁰ Domain names therefore, adequately identify the user, and enable consumers to perceive the requisite nexus between the enterprise and the site. The use of such trademarks as SLDs for entities other than the trade mark owner may therefore result in free riding and other forms of unfair competition, thus giving rise to the need for protection of trademarks in the ICT environment.³¹

Beyond free riding, such use may also border on public deception and fraud, as may be seen in the WIPO arbitration case of Shell International Petroleum Co. v Allen Jones.³² Here, the domain name was falsely registered in respect of a website. The false site copied information from the website of the well known Shell Oil Company and was sufficiently similar to  the legitimate Shell Company‟s website as to be likely to cause

²⁸ See Carolina R & Stokes S, Encyclopaedia of E-Commerce Law, (Thompson, Sweet & Maxwell, 2006) at par. 8-41

²⁹ Examples include “uk”, “ng” or .com, which are often generally used by a large number of registrants

³⁰ Encyclopedia of E-Commerce Law, op. cit.

³¹ See generally, Halpern M & Mehrotra A, “From International Treaties to Internet Norms: The Evolution of International Trademark Disputes in the Internet Age”, 21(2000), Journal of International Economics.

³² WIPO Arbitration Case No D2003-0821, available online

confusion. Likewise, the domain name was deceptively similar to the legitimate The WIPO panel had no difficulty deciding that the registered domain infringed the trade name of the genuine Shell Company.

Even the educational sector is not immune from this misuse. A case in point is that of a fraudulent website purporting to be the web site of the University of Nigeria, Nsukka, falsely inviting applications into fake degrees with prospects of scholarships, and unlawfully soliciting for payments to secure admission into the University. The website used was while the genuine web address of the university is A public disclaimer had to be issued to warn the public of the fraud.³³ A related issue is the problem of cyber squatting, whereby domain name speculators, in bad faith, intentionally register domain names corresponding to famous personalities, trademarks or other identifiers, with a view to selling them off at a profit to the person or company with legitimate claim to the name at a later date.

These issues give rise to a need for law reform to protect the rights of trademarks and business name owners from unauthorised use of the name or mark as a domain name, and to prohibit cyber squatting.³⁴ This is imperative given the increasingly popular practice of creating web sites for individuals, businesses and government agencies and departments, and the need to protect unsuspecting members of the public from the fraudulent antics of tricksters. Additionally, the establishment of a registration authority within the country for the assignment and management of domain names within the country code top-level domain, and rules for dispute resolution, revocation, assignment and other issues need to be promptly addressed.

D.                E-Contracts, E-Commerce and E-Banking

The ICT revolution also presents possibilities for the carrying on of commercial transactions, including buying and selling of goods and services, promotion of businesses and other related activities online. The new issues arising in this regard cut across the formation and validity of

³³ See the disclaimer of the Nigerian Consulate _General in New York, online at http://www.nigeria-consulate- ny.org/News/re-fraudulent.htm.

³⁴ The US responded through the Anti-Cyber squatting Consumer Protection Act, 15 U.S.C., S1125 (d) which was promulgated in 1999 to provide relief from these negative acts.

contracts, where questions may be raised about whether, for contracts which are in writing, e- mails and other means of electronic communication satisfy the requirements of writing and signing. Thus, the validity of ICT-related commercial transactions, their admissibility in evidence and options for dealing with conflict of laws issues arising where, as is often the case, these transactions are carried out between persons who are connected to different countries have been severally identified as some of the challenges posed by ICT.³⁵

With regard to the buying and selling of goods, the law sets out the obligations of sellers and buyers in such contracts.³⁶ However, these legal provisions inadequately address concerns arising in the online environment. For example, under the law, the place of delivery of goods is deemed to be the seller‟s place of business.³⁷ However, in the case of e-commerce, the existence of a physical place of business cannot be assumed. Furthermore, even where such exists, it can no longer be presumed to be the place of delivery. Thus, there is a need for legislation which addresses concerns of buyers and consumers generally by specifying obligations of sellers in e-commerce, including the indication of a geographical address of the seller‟s place of business where complaints may be addressed, and terms of exercise of withdrawal options.³⁸ This is to preserve the buyer‟s right of examining the goods, and the presumption against acceptance of goods until the opportunity to examine has been given.³⁹ Other consumer protection provisions which ought to be put in place include disclosure of the full identity of the seller and cost of delivery. Options for achieving these objectives include the promulgation of a new law or the amendment of existing laws, such as the sale of goods law and the consumer protection law.⁴⁰

³⁵ See Bamodu G, “ Information and Communications Technology and E-Commerce: Challenges and Opportunities for the Nigerian legal System and Judiciary”, 2 (2004) The Journal of Information, Law and Technology, online

³⁶ See for example, the Sales of Goods Law, Cap S2, Laws of Lagos State of Nigeria, 2005

³⁷ See Section 30 Ibid.

³⁸ Another alternative is to upgrade the existing consumer protection law, i.e. the Consumer Protection Council Act, Cap C23, LFN 2004, to deal with these concerns.

³⁹ See Section 35 of the Sale of Goods Law, Lagos State.

⁴⁰ See the Consumer Protection Council Act, Cap C23, LFN 2004

On its part, in the banking sector, the replacement of the age-old ledger system with computers linked to internet facilities has brought about a revolution in the sector. Online/e- banking allows customers to carry out a wide variety of banking and other financial activities online, through a website operated by the bank. A major benefit of internet banking is the ease and convenience of managing one‟s finances from a place and time of one‟s choosing. Thus, financial transactions including checking of account balance, monitoring transactions, payment of utility bills, transfer of funds and monitoring, confirmation and stoppage of cheques can be conveniently carried out from any location. A related development is the use of electronic devices such as magnetically encoded plastic cards that permit customers to make cash withdrawals and pay for transactions without visiting banking halls, through ATMs (Automated Teller Machines), POS (Point of Sale) and other online channels. The possibilities provided by e-banking, which reduces the need to carry cash on personal and business trips, while also affording ready 24-hour access and convenience for users represents one of the most obvious and potent impacts of ICT in Nigeria.⁴¹

However, despite the progress in the sector, there are certain challenges which need to be addressed to facilitate the carrying on of e-commerce and other on-line activities. In particular, the availability of effective payment mechanisms which enjoy acceptance in international circles to support cross-border online transactions need to be strengthened. This is mainly through addressing the negative perception of Nigeria as a haven where cybercrime thrives, and which is therefore a risky country to carry out online commercial and financial transactions in. At the heart of this challenge is the need for suitable legal and regulatory framework to address the emergence of e-banking. This is with a view to promoting public trust and confidence in e-banking by providing mechanisms which effectively protect

⁴¹ Recently, the Central Bank of Nigeria (CBN) issued a circular banning cash withdrawals exceeding N150,000 for individuals, and N1million for corporate bodies. See This day Newspapers of 29th April, 2011, online at See also the CBN websiteat 20ON%2 0CASH%20WITHDRAWAL%20LIMIT.pdf,

customers from the risk of hackers, fraudsters and other criminal acts in the online environment.

E.                 The challenge of broadband deployment

Despite the rolling out of the National Broadband Internet Plan 2013-2018 by the federal government of Nigeria in order to promote pervasive broadband deployment, increase broadband adoption and usage; and ensure availability of broadband services at affordable prices, the deployment of broadband infrastructure in Nigeria has been critical. Thus, ineffective distribution and transmission of the available bandwidth inland have continued to make accelerated expansion of broadband internet at more affordable end-user prices, a major challenge and a barrier to faster realisation to the desired broadband boom in Nigeria. Likewise the common challenges of the broadband operators in the telecommunication sector have been further identified as, the high cost of right of way resulting in the high cost of leasing transmission infrastructure, long delays in processing of permits⁴², multiple taxation at Federal State and Local Government level, multiple regulatory bodies⁴³, damage to existing infrastructure as a result of cable theft, road works and operations, and the lack of reliable, clean grid electricity supply

1.4              Aim and objectives of the research

The aim and objectives of this research work is:

1. To provide conceptual framework of the Nigerian telecommunication industry.

• To examine the role of the Nigerian Communications Commission (NCC) in regulating the telecommunication sector.

⁴² See Blue-chip Communications Company v. Nigerian Communications Commission Suit No: CA/A/108/04 – Suit instituted in the lower Court challenging NCC‟s refusal to grant the plaintiff a 3G license during the 5 year exclusivity period granted the four DML operators.

⁴³ See NESREA v NCC struggling over regulation of installing telecommunication mast.

• To appraise the legal, policy, codes, administrative guidelines and institutional mechanisms in response to telecommunication regulation in Nigeria.
  • To appraise the issues, challenges and prospects in regulating the telecommunication industry in Nigeria.
  • To proffer practical solution for the regulation of telecommunications industry in Nigeria.

1.5              Significance of the research

The significance of this research work cannot be over emphasized. It analyses the role of Nigerian Communication Commission and other regulatory agencies in regulating the Nigerian telecommunication sector in order to give the public a clearer views on the their regulatory powers.

Also, the research is necessitated to show case the inadequacies of the commission and its sister agencies in regulating the telecommunication industry and the gross increase of poor quality of service in the country.

With the above issues, this research will be of immense benefit in the field of telecommunication/ICT. First, it benefits the telecommunication specialist, those engaged in telecommunication activities. It also provide relevant suggestions on how best to regulate the telecommunication industry; it is also of enormous benefit to policy makers on how to provide a comprehensive framework for telecommunications sector, lawmakers on how to address the shortcoming in the extant laws that regulate the telecommunication sector, government officials on how to handle telecommunication issues, academicians/students for its contribution to knowledge and literary presentation and anyone interested in the field of telecommunication industry.

1.6              Scope of the research

This research examined the role of the Nigerian Communication Commission and its sister agencies in regulating the Nigerian telecommunication sector. It further examined the issues of regulatory framework and mechanisms for the regulation of the telecommunication industry. However, reference was made to other laws regulating telecommunication sector in Nigeria. Analysis was also made to other agencies regulating the telecommunication sector to enhance more knowledge on this area.

1.7              Methodology of the research

The research methodology adopted in this research work is essentially doctrinal. Both primary and secondary source were employed such as the examination of statutes, case laws, law reports, textbooks by renounced scholars, other library materials such as articles in journals, newspapers, technical reports were made reference to. In addition, internet sources were considered for current trends on telecommunication analyses. Encyclopaedia, thesaurus and other dictionaries were made reference to.

1.8              Literature review

This work examines an industry of great historical and economic interest and significance. Together with the public/private corporations and the civil services, the Nigerian Communication Commission constitutes one of the key institutions of a modern state. In particular, the origin and development of the Nigerian Communication Commission have not only transformed the telecommunication industry in line with the international best practice but have also succeeded in providing a legal and regulatory frame work for the operation of the telecommunication industry.

Ajakpovi, O. in his article “Formulating a Tariff Policy for Nigerian Telecommunication”⁴⁴ Analysed tariff regime in Nigerian Telecommunication industry by making a comparative analysis of the Tariff structure from different jurisdiction vis-à-vis Nigeria jurisdiction. The study argued that the global perception of tariff for telecom services is that it should be fair and reasonable and non discriminatory. It further suggested that tariff should be transparent and cost orientated i.e. derived from actual cost including reasonable rate of return in investment.

The study in its class recognized the fact that the National Regulatory (NCC) has wide powers under the law to determine the basis for tariff for Telecom services in Nigeria. However it makes little or no relevance to other laws that complement the functions of the NCC as regards tariff regulation such as Consumer Protection Counsel Act⁴⁵.

We submit in line with the above review that reference ought to have been made to other extant laws that sought to protect other rights of the telecom consumers apart from tariff regulation such as quality standard, health hazard of telecommunication infrastructure, etc.

Ajakpovi, M. in his article “The Law & Status of Telecomm Licenses” ⁴⁶ made a comprehensive analysis of the pioneer principal legislations which regulate telecommunications in Nigeria particularly the Wireless Telegraphy Act 1961/ Wireless Telegraphy Amendment Decree. 31 1998 and the Nigerian Communication Decree No 75 of 1992 alongside the National Policy on Telecommunication. The study focuses on the authority of the NCC to grant licenses, the power of the institution in relation thereto, the geographical traffic limit of certain licenses granted by the Commission and the role of the

National Council on Privatization and Bureau of Public Enterprise in the grant of telecom

⁴⁴ Ajakpovi, O. “Formulating a Tariff Policy for Nigerian Telecommunication‟‟ (2002) Vol.6 No 1-2, Modern Practice Journal of Finance and Investment Law.

⁴⁵ Cap C23, LFN, 2004

⁴⁶ Ajakpovi, M. “The law & Status of Telecom Licenses” (2000) Vol. 4 No. 3 Modern Practice Journal of Finance & Investment Law

licenses. Although the study is relevant in this research in that, it gives the antecedent of the total deregulation and privatization of telecommunication industry in Nigeria, it focuses much more on GSM & VSAT licenses but failed to analyze in details the role of the Commission in frequency licenses, management, and co-ordination/allocation as it affects Satellite Communication.

In view of the foregoing, it is submitted therefore that the NCC had final authority to the exclusive of any other body as it relates to the grant of telecom licenses in all ramification inclusive of frequency licenses / management.

Soyela, O. in his article “The Internet and Emergent Regulatory Legal Framework: A selective Appraisal”⁴⁷ assess the emergent trends in internet law from the selected perspectives of defamation, obscenity and copyright infringement generally.

The study analyzes some remarkable judicial decision and legislations from foreign jurisdiction as it relates to the internet legal regime with particular reference to the United States of America. The study is relevant in this research albeit it failed to make reference to our domestic judicial decision and legislations.

It is the submission of this research that while not generally opposed to the above study it would have been more relevance should the author have done a comparative study of the judicial decision and legislations of the foreign jurisdiction vis-à-vis our domestic jurisdiction.

Ariyoosu, D.A. in his article “An Examination of Legal Regulations and Environmental Impacts of Telecommunication Installations in Nigeria” ⁴⁸ examined the legal regulation of

⁴⁷ Soyela, O. “The Internet and Emergent Regulatory Framework: A Selective Appraisal” (2000) Vol.4 No 3,

Modern Practice Journal of Finance & Investment Law.

telecommunication installations, the environmental impact of telecommunication installations, the roles of concerned regulatory authorities‟ vis-à-vis their regulatory function in the provisions of effective telecommunications services through telecommunications installations and provision of healthy environment.

It further discussed the lingering face-off between the duo of NCC and NESREA on whose responsibility it is to regulate telecommunication installation which has adversely affects investment and the economy.

The study in its class is very much relevance in this research and has contributed immensely and positively towards the compilation of this research work.

Ogboru, T. In his article “NESREA and NCC Regulations on Telecommunication Masts: Implementing the Precautionary Principle”⁴⁹ discussed the need for regulatory agencies and the legislature to adopt the precautionary principle as they review and harmonizes the two overlapping regulations. The study further enhances the richness of this research positively.

Ayinmode, B.O. et al in their article “Evaluation of GSM Radiation Power Density in Three Major Cities of Nigeria‟‟⁵⁰ assessed the level of exposure to radio frequency radiation from Base Transceiver Stations (BTS) in Lagos, Abuja, and Ibadan concluded that radio frequency exposure due to GSM Signals cannot contribute to health laggards.

However, researchers assured that some of the surveyed base stations have power densities within the range that has been confirmed by previous researchers to be link with cases of fatigue, headache, sleep disturbances and loss of memory.

⁴⁸ Ariyoosu, D. A. “An Examination of Legal Regulation and Environmental Impacts of Telecommunication Installations in Nigeria” (2014) Vol.30, ISSN 2224 – 3240 (paper) ISSN 2224 – 3259 (online) Journal of Law, Policy and Globalization

⁴⁹ Ogboru, T. “NESREA and NCC Regulations on Telecommunication Masts: Implementing the Precautionary Principe” (2015) Vol. 5. 155.1 Journal of Sustainable Development Law and Policy.

⁵⁰ Ayinmode, B. O. et al “Evaluation of GSM Radiation Power Density in Three Major Cities of Nigeria” (2014) Vol. 8, Internet Journal of Environment, Ecological, Geological, and Geophysical Engineering

In line with the above, it is submitted that the regulatory agencies need to adopt the precautionary principle of international law to prevent irreversible illness and environmental degradation that may result from Electronic Magnetics Radiation (EMR) emitted by telecommunication masts. The study as it were enhances the richness of this research.

Obayemi, O.K. In his article “Competition in the Nigerian Telecommunication Industry‟‟⁵¹ appraised the rules and regulations that have been instituted to encourage healthy competition and forestall anti-trust practices among Nigerian businesses. It further reviews the efficacy of rules promoting competition within the context of the Nigeria Telecommunication sector and argues for harmonization of all legislations prohibiting anti-trust acts,

The research discussed the regulatory framework in the telecommunication sector and the larger Nigeria economic/ business regime as a whole and it adequately contributes to the compilation of this research.

Obutte, P. C. in his article “ICT Laws in Nigeria: Planning and Regulating, a Societal Journey into the Future”⁵² examines the laws on information and communications technology in Nigeria, and the institutional regulatory framework for enforcing the relevant laws. It further appraises selected concepts associated with ICT regulation and some contemporary issues as they relate to the challenges of ICT in Nigeria. The research further enhances the quality of this research.

Oki, P.T. in his article “Regulating the Pricing of Mobile Telecommunication Services–The Role of the Nigeria Telecommunications Commission‟‟⁵³ examines the price regulation under

⁵¹ Obayemi, O. k. “Competition in the Nigeria Telecommunication Industry” (2014) V01.5, 283 -297, Beijing Law Reform Journal, available @

⁵² Obutte, P. C. “ICT Laws in Nigeria: Planning and Regulating a Societal Journey into the Future” (2014) Vol.17, ISSN 1727–3781, Potchefstroom Electronic Law Journal V17i1,102014 ⁵³ Oki, P.T.”Regulating the Pricing of Mobile Telecommunication Services – The Role of the Nigerian

TelecommunicationsCommunication”(2014)[email protected]/wpcontent/uploads/2014/II/regulatin g–the–pricing–of– mobile.Pdf.

the Nigerian telecommunication policy and the Nigeria Communication Commission Decree No. 75 of 1992 (as amended) against internationally accepted principles of competition in the telecommunication industry. The researched also contribute to the research work.

Lawal, T. in his article “Challenges of Regulatory and Intervention Agencies in National Economic Development – The Role of Nigeria Communication Commission in National Economic Development”⁵⁴ discussed the challenges facing the regulatory agencies in national economic development with particular reference to the role of NCC in national economic transformation as it relates to telecommunication sector.

It is observed that the research is scanty in literature and it is humbly submitted that it ought to have been detailed enough to do justice to the scope of the research. That notwithstanding, the research in its own way contributed to this research work.

Ndukwe, E. C. In his write ups „‟Telecommunication Challenges for Nigeria in the 21^st Century”⁵⁵ discussed the current state of telecommunication industry in Nigeria vis-à-vis the economic sector.   His work is in-depth on the economic side in tune with contemporary issues as they obtain in Nigeria but failed to address to the minute the political and social subdivision of the telecommunication industry.

Fink, C. et al, in their study “An Assessment of Telecommunication Reforms in Developing countries” ⁵⁶used a panel data set for 86 developing countries across Africa, Asia the Middle East and Latin America and the Caribbean over the period 1985-1999 to analyse the effect of policy reform in basic telecommunications on sectoral performance. They find that

⁵⁴ Lawal T. “Challenges of Regulatory and Intervention Agencies in National Economic Development: The Role of Nigerian Communication Commission in National Economic Development” (2014) available online

⁵⁵ Ndukwe, E. C., „‟Telecommunication Challenges for Nigeria in the 21^st Century‟‟ (2000) (online presentation, accessed 29/9/2014 )

⁵⁶ Fink, C., Mattoo, A. & Rathindran, R., “An Assessment of Telecommunication Reforms in Developing Countries‟‟ (2002), Policy Research Working paper 2909, The World Bank Development Research Group

privatisation & competition lead to significant improvement in performance, which they agree is partly driven by fast technological progress and legal reform in telecommunication. According to the study, a comprehensive legal reform, involving privatisation and competition as well as support of an independent regulator, produce the largest gained compared to years of partial and no legal reform. The study further argues that the sequence of legal reform matters, as mainline penetration is lower if competition is introduced after privatization, rather that at the same time. The study, in its class enhanced the richness of this research.

Wallsten, S. J. In his study “An Econometric analysis of Telecom Competition, Privatisation and Regulation in Africa and Latin America”⁵⁷ examined the effects of privatization, competition and regulation on telecommunication performance in 30 African and Latin American countries from 1984 through 1997 using fixed effect regression, the study finds that competition is correlated with increases in the per capita number of mainlines, payphones, and connection capacity, and with decreases in the price of local calls. Privatizing an incumbent, according to the study, is negatively correlated with mainline penetration and connection capacity. Thus, Privatization combined with an independent regulator⁵⁸, however, is positively correlated with connection capacity and substantially mitigate the negative effect on mainline penetration. This stresses the importance of regulation in reforming the telecommunication industry.

Omowunmi, H. et al, also wrote on “Evaluation of Nigeria‟s Telecommunication Policy⁵⁹” where they statistically determined the level of implementation of the current National Policy on Telecommunication Industry by the four different bodies that comprises the Nigeria‟s

⁵⁷ Wallsten, S. J., “An Econometric analysis of Telecom Competition, Privatisation and Regulation in Africa and Latin America (2001), 49(1), 1 – 19, Journal of Industrial Economics.

⁵⁸ Like Nigerian Communication Commission (NCC)

⁵⁹ Omowunmi, H. et al, “Evaluation of Nigeria‟s Telecommunication Policy‟‟ (2003) 3 (1) Journal of Mobile Communication

telecommunication industry structure – the Government, Ministry of Communications, Nigerian Communication Commission and the Telecommunications Services providers. Their study find that Nigeria telecommunication policy has been implemented to an appreciable extent as many of its objectives have been achieved, yet their work has its short coming as it does not address the level of implementation of other telecommunication legislations or even make reference to it.

Isabona, J. In his Article “Harnessing Telecommunications Revolution in Nigeria: A case study⁶⁰” raised a valuable issue on the impact of the use of mobile phone technology on human health care services in suburban areas of Nigeria. Though he addressed the health issue holistically in his article, there are certain grey areas he failed to enunciate and analyse, such as the legal regime on telecommunication revolution as it relates to regulatory framework on the regulation of the Nigerian telecommunication sector.

Ijewere, A.A. and Gbandi E.C., in their Article, “Telecommunication Reform in Nigeria: The Marketing Challenges⁶¹” discussed the telecommunication reforms process, the role of the regulatory body (NCC) & current state of affairs of the telecommunication sector. Though, their article focused much on the marketing challenges in the telecommunication industry, it as well enhanced the richness of this research.

Asogwa, F.O. et al, in their Article “The Impact of Telecommunication Expenditure on Economic Growth in Nigeria⁶²” seek to indentify the impact of telecommunication on Economic Growth in Nigeria. The study further analyse the relationship between telecommunication infrastructure investment & economic growth by taking a sample of data

⁶⁰ Isabona, J., “Harnessing Telecommunications Revolution in Nigeria: A case study‟‟ Wireless and Mobile Technologies 1, no. 1 (2013) : 20 – 24

⁶¹ Ijewere, A.A. and Gbandi E.C, “Telecommunication Reform in Nigeria: The Marketing Challenges‟‟ (2012) 10 Journal of Research in Development, pp 193 – 197. Also available online

⁶² Asogwa, F.O. et al, “The Impact of Telecommunication Expenditure on Economic Growth in Nigeria‟‟ (2013) Vol. 4 No. 13, Journal of Economics and Sustainable Development also available

from 1970-2010. The study in its class shows mutual causality between telecommunication investment and real economic growth at the aggregate level. However, it made little or no relevance to the legal establishment on neither the telecommunication sector nor the economic growth.

Li, W. & Xu, L. C., in their case study “The Impact of Privatisation and Competition in the Telecommunication Sector Around the World⁶³” using a comprehensive country-level data set of 177 countries covering the period from 1990 to 2001 investigate the impact of privatization and competition around the world. Their study argues that optimal policies/legislations require bundling competition policies/legislations with privatization. Thus, their study emphasise the need of a structured legal frame work in regulating the telecommunication sector.

Li, Y. & Lyons, B, in a closely related study “An Empirical Analyses of Market Structure, Privatisation & Independent Regulation on Mobile Network Penetration⁶⁴” Investigate the effect of competition, privatization and the existence of independent regulation on mobile network penetration in 30 national mobile markets, comprising 29 OECD countries and china, over the time period 1991-2006. In agreement with wallsten (1990) supra, the study also positively correlates independent industry regulator (like NCC) with Mobile penetration, arguing that the role of an independent regulator is particularly crucial in privatised mobile market. Accordingly, their study is relevant for this research & in tune with contemporary issues as they obtain in Nigeria.

⁶³ Li, W. & Xu, L. C., “The Impact of Privatisation and Competition in the Telecommunication Sector Around the World‟‟ (2004) 47 (2), 1 – 36 The Journal of Law and Economics

⁶⁴ Li, Y. & Lyons, B, “An Empirical Analyses of Market Structure, Privatisation & Independent Regulation on Mobile Network Penetration” (2010) paper presented at the CRSSE conference, Crete, 2^nd – 4^th July, 2010

Babalola, C., et al, in their study „‟Development in Nigeria‟s Telecommunications Sector⁶⁵” describe the changes in the telecommunication sector as phenomenal considering the impressive growth recorded in the mobile telecommunication market.   The study attributed the positive achievement in the telecommunication industry to the goodwill inhibited by the government in Nigerian and the enabling and conducive environment with respect to government policies, legislations and the regulatory regime. The study further argues that, there is no doubt that the ongoing growth and development in the telecommunications sector will continue to demand review of government policies and the legal and regulatory frame work. The work, in its class has addressed succinctly the role of the NCC in transforming the Nigerian‟s telecommunication sector and thus, relevant for this research.

Johnson, O., in her paper presentation “The Information and Communication Technology (ICT) Industry in Nigeria: A Road Map‟‟ outlined the mandate of the federal ministry of communication technology on policy direction and intervention as regards the Nigerian digital economy in the Nigeria ICT Industry. She further buttressed the role of private sector in enhancing the ICT Industry growth. The paper further outlined the role of other government agencies⁶⁶ in regulating the Telecommunication Industry.

Alabi, G. A., in his work „‟Telecommunications in Nigeria⁶⁷‟‟ gave a historical background information on the evolution of the Nigerian telecommunication sector. His work is relevant only in this research, in that it gives a chronological backdrop of the Nigerian telecommunication industry

⁶⁵ Babalola, C. et al, „‟Development in Nigeria‟s Telecommunications Sector‟‟ (online, accessed 29/9/2014) also available

⁶⁶ Such as NCC for ICT industry regulation, NITDA for IT industry support and development, NIPOST for postal delivery and access infrastructure, Galaxy backbone for ICT infrastructure provision for federal government, NIGCOMSAT for commercialization of government‟s satellite resources, USPF/NITDF for managed fund to incentive universal access, NFMC for prudent and coordinated allocation of frequency resources and ministry of communication technology for policy formulation, policy impact assessment, supervision & oversight of all MDA ICT related projects & initiatives

⁶⁷ Alibi, G.A., (1996) „‟Telecommunications in Nigeria‟‟ University of Pennsylvania – African Study Centre, pp 1- 75

Mowete, A.I., in his study “Telecommunications Sector Performance Review: A Supply Side Analysis of Policy Outcomes⁶⁸” gave a comprehensive review of the performance of the post- reform telecommunications and ICT sector in Nigeria, using the performance indices specified and adopted by the International Telecommunications Union (ITU). In particular, the review examines the effectiveness of the country‟s ICT-telecommunications policies⁶⁹ & regulatory instruments⁷⁰ by weighing the goals & objectives set forth therein against actual performance, as reflected by the conventional performance indicators. The study is also relevant in this research.

Nwaulune, A.K., in his work “The Role of Nigerian Communications Commission in Frequency Management, Co-ordination/Allocation as it Affects Satellite Communication⁷¹” discussed the objectives, scope & functions of the NCC as it affects satellite communication in a skeletal form, however, the study failed to analyse in detail the role of the NCC as it affects the mobile telephony which is the fastest growing limb of the telecommunication sector. Thus, it is submitted in line with the above review that detailed reference ought to have been made to the mobile telephony considering its critical nature in the telecommunication industry.

1.9  Organizational Layout

Chapter one dealt with General Introduction where telecommunications was considered to be an indispensable tool in the entire process of globalisation and its impact on economic growth in Nigeria, the revolution brought about by telecommunication in the area of social,

⁶⁸ Mowete, A.I., (2007) “Telecommunications Sector Performance Review: A supply Side Analysis of Policy Outcomes‟‟ (online @ http://www.research ICTafrica.net, accessed 24/8/2014)

⁶⁹ Such as National Telecommunication Policy and National Information Technology Policy

⁷⁰ Such as NC Act 2003, NITDA Act 2007, & the NBC Act 1992 (as repealed by Decree 55 of 1999) etc

⁷¹ Nwaulune, A.K., “The Role of Nigerian Communications Commission in Frequency Management, Co- ordination/Allocation as it Affects Satellite Communication” paper presented at the NASRDA’S stakeholders meeting by head spectrum administration NCC (online @ http://www.nasrda.gov.ng/stakeholdersmeeting/satellite, accessed 20/8/14)

economic, cultural and psychological transformation was further discussed. The statement of the research problems such as Regulatory overlap, Cyber Crime, Cyber squatting, E- commerce, E-contract & E-banking and the challenge of broadband deployment was recounted. The aims and objectives of the research which is to Provide the conceptual framework of the Nigerian telecommunication industry, Examine the role of the Nigerian Communications Commission (NCC) in regulating the telecommunication sector, Appraise the legal, policy, codes, administrative guidelines and institutional mechanisms in response to telecommunication regulation in Nigeria, Appraise the issues, challenges and prospects in regulating the telecommunication industry in Nigeria and to Proffer practical solution for the regulation of telecommunications industry in Nigeria was also narrated. The Significance and Justification of the Research was further discussed where it was stated that the research work will be of benefit to academicians/students for its contribution to knowledge and literary presentation and anyone interested in the field of telecommunication industry. The Scope of the research which is restricted to Nigerian jurisdiction and the Methodology of the Research that is essentially doctrinal was as well analysed. The Chapter finally reviewed 23 related literatures.

Chapter two discussed the Conceptual framework where clarification of the relevant key terms i.e. Role, Communications, Commission, Regulating & Telecommunications was made. The chapter further discussed the history and overview of the Nigerian telecommunications environment right from the pre-colonial era, colonial-era and post colonial-era. Telecommunications in a liberalised economy in Nigeria and the General Services for Mobile Telecommunication (GSM) network structure in Nigeria was further discussed in the chapter.

Chapter three dealt with the legal framework in the Nigerian telecommunication sector where the nature and scope of the legal regime in the telecommunication sector was examined. Thus the chapter went ahead and analysed the following regulations i.e. The Nigerian Communication Act, 2003 together with the 15 Regulations and the 15 Guidelines issued thereof by the NCC, The National Information Technology Development Agency Act, 2007, Freedom of Information Act, 2011, Wireless Telegraphy Act, 1960, National Broadcasting Commission Act, 1992, National Office for Technology Acquisition and Promotion Act, 2004, National Identity Management commission Act, 2007, Personal Information Data Protection Bill, 2013 and other laws regulating telecommunications sector in Nigeria such as The Companies and Allied Matters Act, Tort law, Criminal law and Planning law.

Chapter four discussed the Issues, Challenges and Prospects in regulating the Nigerian telecommunication industry where policy, legal and regulatory framework was extensively discussed.

Chapter five finally anchored on Conclusion, Findings and Recommendations where the research finds out the issue of regulatory overlap and recommend for the review of all telecommunication laws and policies in order to ensure that they support and facilitate telecommunications development and give legal substance to the ICT policy and National broadband plan. The research also finds out that as telecommunications access and usage began to grow, so also did the menace of cyber crime and thus recommended for the deployment of some legal/enforcement tools and other crime fighting bodies by the government to tackle the problem. The research further finds a related issue of cyber squatting whereby domain name speculators, in bad faith, intentionally register domain names corresponding to famous personalities, trademarks or other identifiers, with a view to selling them off at a profit to the person or company with legitimate claim to the name at a later date and therefore recommend for a law reform that will protect the rights of trademark sand business name owners from unauthorised use of the name or mark as a domain name and to prohibit cyber squatting. It is also the finding of the research that issues arises as to the validity of ICT-related commercial transactions particularly in the area of e-contracts, e- commerce and e-banking and recommended for the promulgation of new laws and the amendment of the existing laws such as the sale of goods law and the consumer protection law. Lastly, the research observed that despite the rolling out of the National broadband 2013-2018 there is still ineffective distribution and transmission of the available bandwidth which constitute a major challenge and a barrier to faster realisation to the desired broadband boom in Nigeria.

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