N’Assembly Lacks Power to Regulate Telecom Operators — Lawyer

A Nigerian lawyer, Sesan Bankole, has argued that the National Assembly lacks the authority to directly regulate or sanction telecommunications operators, maintaining that such responsibilities fall within the statutory mandate of the Nigerian Communications Commission (NCC).

Bankole’s position centres on the distinction between the legislative responsibilities of the National Assembly and the regulatory functions assigned to the NCC under Nigeria’s telecommunications framework.

The NCC is the federal agency responsible for regulating the telecommunications industry. Its responsibilities include licensing operators, overseeing compliance with industry regulations and addressing issues affecting telecommunications services and consumers.

The Nigerian Communications Act 2003 provides the legal framework for the commission’s operations and establishes its responsibilities in regulating the sector.

Telecommunications regulation covers several areas, including licensing, spectrum management, service quality, competition and compliance with applicable industry requirements. The commission also has powers to take regulatory action against operators where breaches of relevant laws or regulations are established.

Bankole’s argument raises questions about the limits of legislative oversight and the extent to which lawmakers can intervene in the activities of an independent regulatory agency.

The National Assembly, however, has constitutional responsibilities that include making laws, conducting investigations within its constitutional powers and exercising oversight over public institutions. Its legislative authority must be distinguished from the day-to-day regulatory functions assigned to specialised agencies by law.

Consequently, determining the precise limits of the legislature’s powers in a particular telecommunications dispute would depend on the relevant constitutional provisions, the Nigerian Communications Act and the specific action being considered.

The distinction is important as Nigeria’s telecommunications industry continues to play a major role in digital communication, financial services, commerce and economic activity.

Regulatory decisions can affect millions of subscribers and influence the operations of mobile network providers and other service companies. Clear boundaries between legislative oversight and regulatory enforcement are therefore essential to ensuring accountability and compliance with the law.

Bankole’s position is an interpretation of the legal framework. Its application to any specific dispute would depend on the facts and relevant legal provisions.