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ABSTRACT

This study was carried out to examine the themes on telecommunication in Nigeria: challenges and prospects. 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.

 

TABLE OF CONTENTS

Abstract

Table of content

CHAPTER ONE: INTRODUCTION

1.1       Back ground of the study

1.2       Statement of the Research Problem

1.3       Aims and Objectives of the Research

1.4       Significance and Justification of the Research

1.5       Scope of the Research

1.6       Methodology of the Research

1.7       Literature Review

1.8       Organizational Layout

CHAPTER TWO: CLARIFICATIONS, SCOPE, SOURCES AND HISTORICAL DEVELOPMENT OF TELECOMMUNICATION IN NIGERIA

2.1       Introduction

2.2       Clarification of Terms

2.3       Scope and Sources of Telecommunications Law

2.3.1   Scope of Telecommunications Law

2.3.2   Sources of Telecommunications Law

2.4       Historical Developments of Telecommunications in Nigeria

2.4.1    Pre-Independence Era

2.4.2    Post-Independence Era: Period between 1960 – 1985

2.4.3    Period between 1985 – 1992 (Privatisation of Telecommunications Sector In Nigeria)

2.4.4    Period between 1992 – 2003 (Deregulation of the Nigerian Telecommunications Sector)

2.4.5    Period between 2003 – Date

CHAPTER THREE

Legal framework in Telecommunications Sector in Nigeria

3.1       Nature and Scope of the Legal Regime in the Nigerian Telecommunication Sector

3.2       The Nigerian Communication Commission Act, 2003

3.3       National Information Technology Development Agency Act, 2007

3.4       Freedom of Information Act, 2011

3.5       Wireless Telegraphy Act, 1960

3.6       National Broadcasting Commission Act, 1992

3.7       National Office for Technology Acquisition and Promotion Act, 2004

3.8       National Identity Management Commission Act, 2007: Privacy and Data Protection

3.9       Personal Information and Data Protection Bill, 2013

3.10     Other Laws Regulating Telecommunication Sector in Nigeria

CHAPTER FOUR

Challenges and Prospects in Regulating the Telecommunications Industry in Nigeria

4.1       Issues: Policy, Legal and Regulatory Framework

4.2       Challenges

4.3       Future Prospects

CHAPTER FIVE:CONCLUSION AND RECOMMENDATION

5.1       Conclusion

5.2       Recommendations

 

CHAPTER ONE

INTRODUCTION
1.1       BACKGROUND TO THE STUDY

The world has become a global village with Telecommunication being an indispensable tool in the entire process of globalization[1]. 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.

Telecommunications[2] 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 communications[3]. 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 socioeconomic 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 produce[4]. 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.

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, cybercrimes[5] 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 organizations.

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.

1.2       STATEMENT OF THE PROBLEM

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 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 agencies[6] 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 Regulation[7] came into being and which complied with NCC’s Guideline[8][9] 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.

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.[10] 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.[11][12]

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.[13] 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.

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, 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,[14] and comprises different elements. These elements include a Top Level Domain (TLD), which appears as a suffix to the name of the site,[15] 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.[16]

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.[17] Here, the domain name www.shell-nigeria.com 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 confusion. Likewise, the domain name was deceptively similar to the legitimate www.shellnigeria.com. The WIPO panel had no difficulty deciding that the registered domain www.shell-nigeria.com infringed the trade name of the genuine Shell Company.

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 contracts, where questions may be raised about whether, for contracts which are in writing, emails 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.[18]

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.[19] 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.[20] 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.[21]

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 realization 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 permits[22], multiple taxation at Federal State and Local Government level, multiple regulatory bodies[23], 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:

To provide conceptual framework of the Nigerian telecommunication industry.
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 the challenges and prospects of telecommunication in Nigeria. Ajakpovi, O. in his article “Formulating a Tariff Policy for Nigerian Telecommunication”[24]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 Act[25].

It is submitted 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.

Ndukwe, E. C. In his write ups „‟Telecommunication Challenges for Nigeria in the 21st Century”[26]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.

Ajakpovi, M. in his article “The Law & Status of Telecomm Licenses”[27] 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 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”[28] 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 telecommunication [29]            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.

Obutte, P. C. in his article “ICT Laws in Nigeria: Planning and Regulating, a Societal Journey into the Future”[30] 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.

Babalola, C., et al, in their study „‟Development in Nigeria’s Telecommunications Sector[31]” 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.

1.9       Organization of the study

Chapter one provides a general introduction to the subject, research methodology, literature review, structure, objective, scope and significance of the Research.

Chapter Two examines a conceptual clarification of key terms, scope, sources and historical development of telecommunications law and policy in Nigeria.

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.

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.

[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 @ http://www.iiste.org 2 Ibid. 3 Ibid.

[2] The term which is largely synonymous with information and communication technology (ICT)-See Edwards C. and Savage N., Information Technology and the Law, 2nd Ed. (Macmillan 1990), p.1.  12Ibid.

[3] Ibid.

[4] See for example, http://www.alibaba.com/country search/NG/craft–supplier.html,

http://www.jumiaonline.com.ng,http://www.jiji.ng where diverse local and international businesses promote and market their artwork, craft, African textiles, beads and other wares.

[5] 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

[6] Ministry of Communication Technology and the Ministry of Environment

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

[8] The Guidelines on Technical Specifications for the Installation of Telecommunications Masts and Towers

[9] (NCC‟s Guidelines 2009)   s.9(9)(c)

[10]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…”

[11] See the International Crime Complaint (IC3) Centre, online at http://www.ic3.gov/crimeschemes.aspx#item-

[12] , last accessed 15th October, 2014

 

[13] ibid

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

[15] 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.

[16] 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.

[17] WIPO Arbitration Case No D2003-0821, available online at http://www.wipo.int/amc/en/domains/decisions/html/2003/d2003-0821.html,

[18] 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 at http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_2/bamodu/, 36 See for example, the Sales of Goods Law, Cap S2, Laws of Lagos State of Nigeria, 2005 37 See Section 30 Ibid.

[19] 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.

[20] See Section 35 of the Sale of Goods Law, Lagos State.

[21] See the Consumer Protection Council Act, Cap C23, LFN 2004

[22] 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.

[23] See NESREA v NCC struggling over regulation of installing telecommunication mast.

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

[25] Cap C23, LFN, 2004

[26]Ndukwe, E. C., „‟Telecommunication Challenges for Nigeria in the 21st Century‟‟ (2000) (online @ http://www.ncc.gov.ng/speeches–presentations/EVC‟spresentation, accessed 29/9/2014 )

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

[28]Soyela, O. “The Internet and Emergent Regulatory Framework: A Selective Appraisal” (2000) Vol.4 No 3, Modern Practice Journal of Finance & Investment Law.

[29]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

[30]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 http://dx.org/10.4314/pelj.V17i1,102014

[31]Babalola, C. et al, „‟Development in Nigeria‟s Telecommunications Sector‟‟ (online @ http://www.giwaosagie.com, accessed 29/9/2014) also available @ http://www.werksman.co.za

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