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Lawyer Slams N1Bn Suit against NCC, Others over Network Shutdown

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Gloria Ballason, a human rights lawyer, has filed a N1 billion suit at the Federal High Court in Abuja challenging the legality of the shutdown of telecommunication networks and internet services in some parts of the state.

Lawyer Slams N1Bn Suit against NCC, Others over Network Shutdown

The  Kaduna State-based lawyer, said in the suit filed on December 8, 2021, that the shutdown was not backed by law or due process, just as she also contended that it impinges on her rights and other citizens.

Those sued as respondents in the suit include the Kaduna State governor, Nasir el-Rufai, the Attorney-General of Kaduna State, and the Nigerian Communications Commission (NCC).

Also sued are four major network providers in Nigeria – Airtel Networks Limited, Globacom Limited, Emirates Telecommunication Group Company (Etisalat) and MTN Group Limited.

The plaintiff, who resides in Chikun Local Government Area and operates her office in Kaduna South Local Government Area, said telecommunications and internet connection went off from early September 2021 until about November 27, 2021 “and connection has been epileptic up until the time of filing this case”.

Ms Ballasson, who recalled that security reasons were cited as the reason for the shutdown, noted that the level of insecurity in the state has not reduced in any manner.

“Rather, terrorists are still kidnapping, killing, collecting and impoverishing struggling families within Kaduna State”.

She cited media reports of an instance during the shutdown of telecom services in specified areas of Kaduna State when “bandits abducted 66 members of Baptist Church in Kakau area of Kaduna State and killed 2 out of the 66 abducted”.

According to her, sometime in early November 2021, bandits also attacked Yagbak and Abuyab communities in Atyap Chiefdom in Zangaon Kataf Local Government Area of Kaduna State wherein 11 persons were killed and several houses burnt.

“This act of the Governor and Government of Kaduna State has caused agony on me, the residents of the affected areas and citizens are compelled to embrace a retrogressive lifestyle,” she said.

She said the action “has crippled my litigation work and Radio/TV businesses as well as businesses of thousands of youths who make legitimate earnings utilizing telecommunication services as businesses that rely on telecommunications services have their means of livelihood (and those who depend on them) truncated.”

She said on a daily basis on account of the shutting down of telecommunication services, her business, economic and social life (and that of other Nigerian citizens) working and residing in the affected telecom shut down directive was seriously jeopardised.

She added that due to the telecom shutdown, House of Justice Annual Summit & Banquet with the theme, ‘Leadership, Governance & National Security,’ which was slated to hold on November 26, 2021 at Epitome Events Centre Ethiopia Road, Barnawa Kaduna had poor attendance and online participants could not connect nor have access to discussions.

“That there are no justifiable reasons for the interference with my fundamental human rights (and that of the Nigerian citizens working and residing in Kaduna state).

“That the telecommunications services shut down directive is not backed up by law or due process but was ordered vaguely,” she stated.

Among other prayers, the plaintiff urged the court to declare that the NCC as an independent national regulatory authority failed to be firm, fair and upright when it yielded to the directive of the Governor of Kaduna state which was not backed by law.

She sought a declaration that “telecommunications shutdown of telephone services and the internet not backed by law or due process impinges on the rights of the Applicant, citizens of a democratic state, is capable of consequential usurping of adjoining or corresponding fundamental rights and is hence unconstitutional.”

Another of the plaintiff’s prayer sought an order of N100million “for arbitrary use of powers to interfere with the Rights of the applicant”.

She also sought an order for specific damages in the sum of N900 million “for loss of earnings, apprehension of safety, embarrassment, discomfort and inability to host already invited and confirmed international guests at the 2021 House of Justice Summit, the creation of a frustrating work environment and the boomerang effect for the Applicant and her clients during the time of the shutdown of telephone and internet network.”

She also asked the court to order that all monetary awards made by the court against the respondents or any of them “shall attract interest at the rate of 10 per cent interest per annum until total and final liquidation of same.”

The respondents have yet to respond to the suit.


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Telecom

USSD Dispute: FG May Blacklist 18 Banks Allegedly Owing Telcos N250Bn

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Indications have emerged that federal government may this week list names of 18 banks owing almost N250 billion naira to Nigerian telecom operators on Unstructured Supplementary Service Data (USSD), and have remained adamant towards settling it for several years.

USSD Dispute: FG May Blacklist 18 Banks Allegedly Owing Telcos N250Bn

Nigerian Communications Commission (NCC) has reportedly been given the nod to publish the names and approve that telcos withdraw services to them if after two weeks they fail to settle the debts, according to Vangaurd.

Recall that the issue of banks’ multi billionnaira USSD debt to telcos has lingered since 2020, rising from below N40 billion to N57 billion by the end of 2021 and N80 billion in 2022.

But now, the telcos claim the debt has risen above N250 billion and accused the banks of not complying with the repayment plan.

The recent development, cannot be unconnected with a December joint meeting between the two regulators, NCC and the Central Bank of Nigeria (CBN) which resolved that the banks pay part of the money by December 31, last year and defray the remaining gradually.

However, Vanguard gathered authoritatively that only four banks complied with the directive, while 18 others are still adamant.

Similarly, when the matter brewed heavily a few years ago, the National Assembly, Central Bank of Nigeria, CBN, and the Nigerian Communications Commission, waded in and also generated such a gentleman’s agreement, which gave the banks leverage to defray the debts gradually.

However, that did not also happen as the banks allegedly reneged.

A few weeks ago Gbenga Adebayo, chairman, Association of Licensed Telecommunications Operators of Nigeria (ALTON), accused the banks of deliberately frustrating any move to resolve the issue and threatened that the only option, since the banks have consistently failed to honour the agreements, would be to withdraw the support that gives the USSD platform life.

 


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Suspected Lakurawa Terrorists Kill 3 Telcoms Workers in Kebbi

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Terrorists belonging to Lakurawa group have reportedly killed three staff of a leading telecommunication firm.

Suspected Lakurawa Terrorists Kill 3 Telcoms Workers in Kebbi

The insurgents were said to have invaded a construction site at Gumki village in Arewa Local Government Area of Kebbi State.

The bandits reportedly attacked a construction site at Gumki village in Arewa Local Government Area of Kebbi State when their victims were installing a surveillance mast for the Nigeria Immigration Service and killed them and one other person who is yet to be identified.

There was a conflicting report of which organization the victims belonged as the police said three of the deceased were Airtel staff and the residents identified them to be Immigration staff.

A staff of Sir Yahaya Specialist Hospital however corroborated the villagers, saying the three victims brought to the hospital were Immigration staff.

But SP Nafiu Abubakar, police spokesperson, said four persons lost their lives, one indigene and three staff of Airtel.

He said from the report the police got, Bello M Sani, state Commissioner of Police, alongside with CIS Muhammad Bashir, Comptroller, Nigeria Immigration Service, Kebbi State Command, Lawali mobilized their men to the scene to evacuate the corpses to Sir Yahaya Memorial Hospital in Birnin Kebbi.

He said his CP has deployed additional tactical teams to the area and charged them to decisively deal with the suspected bandits operating in the area.

He said the CP also had meeting with people in the area and appealed to them to always assist the police and other security agencies with relevant information for their prompt response.


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Nigeria Has World’s Most Affordable Data Costs – GSMA

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Nigeria has an average data cost of $0.38 per gigabyte, making her the most affordable countries globally and one of the cheapest in Africa for mobile data services.

Nigeria Has World’s Most Affordable Data Costs - GSMA

United States averages $6 per gigabyte and South Africa with $1.77 per gigabyte rank the highest globally and in Africa respectively.

According to the GSMA, Nigerian data costs, as a percentage of Gross National Income (GNI) per capita, are among the lowest across Africa.

The reports by the body lends weight to telecom operators advocacy for tariff adjustments to address economic pressures threatening the sector’s sustainability.

The GSMA report, titled “The Role of Mobile Technology in Driving the Digital Economy in Nigeria,” highlighted Nigeria’s competitive data pricing, which is significantly lower than other African nations, such as Kenya ($0.59 per gigabyte), Ethiopia ($0.68 per gigabyte), and South Africa ($1.77 per gigabyte).

By contrast, the United States averages $6 per gigabyte, underscoring Nigeria’s advantage in offering cost-effective connectivity.

The cost of mobile data in Africa varies greatly by country and region.

Data costs can refer to the cost of mobile data or the cost of acquiring, maintaining, and using business data.

In 2023, the average cost of 1 GB of mobile data in Sub-Saharan Africa was $3.31, while in Northern Africa it was $0.86.

Telecommunications operators in Nigeria have been requesting some policy changes as well as tariff rebalancing to enable them deliver support to the Government’s digital economy objectives.

They have called for the simplification and improvement of the Right of Way (RoW) charging and administration process, harmonised across the country

According to them, all government authorities (at national and sub-national levels) should apply the national maximum RoW fee of N145 per/LSQM adopted by the National Economic Council (NEC) for the deployment of fibre across all states in Nigeria.

There should be a single point of contact in each state for the RoW application process while the duration for the approval process should be digitalised and limited to a maximum of one month.

Simplification and reduction of the tax burden on the mobile sector

On tariff, recall that the Association of Licensed Telecommunications Operators of Nigeria (ALTON) and the Association of Telecommunications Companies of Nigeria (ATCON) had urged the Nigerian Communications Commission (NCC) to consider reviewing tariffs upward to address rising operational costs.

Nodding in agreement, Bismarck Rewane, chief executive officer, Financial Derivatives,  said the proposed tariff hike by telecommunications will help reduce inflation in the country.

He said it would help to reduce inflation because it increases productivity, stressing that the price of MTN shares went up by 10% to 220.

Rewane reiterated that investors had already factored that in, adding that they are expecting a lot of good goodies.

“But more important to think about is the fact that because of an increase in tariff and an increase in investment to make the industry sustainable, they’re going to see an increase in productivity, not directly but indirectly.

“Any increase in productivity and output is likely to allow inflation to moderate, which is the goal. So, we heard from the policymaker, Bosun Tijani, who was very clear that we want a sustainable sector. But we also heard from the regulator saying that we will hold these guys to quality of service.

“We also heard from the operators, MTN that they are all revving up. So in all, there are economic benefits because of increased output and productivity. Two, policymakers are aligned because they want this to lead to a moderation in inflation,” he added.

He further said that it was not a bad deal and re-echoed the minister’s comment that the tariff hike will not be 100 per cent.

“Will they get 100%? No, they will definitely not. We suspect that we are going to likely see something between 40 and 50% which is fair after so many years of static changes,” Rewane added.

 

 

 


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