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Telecom

Nigeria Cannot Enforce Tax against Facebook, Others—Expert

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Nigeria will find it impossible to place taxes on the transactions of foreign tech companies like Netflix, Facebook, Google, Youtube and other virtual firms without foreign help, Ikemesit Effiong, head of Research at SBM Intelligence, has said.

Nigeria Cannot Enforce Tax against Facebook, Others—Expert

It will be recalled that the federal government announced its intent to tax OTT’s in the Finance act the president signed earlier in the year.

According to Saharareporters, the legal document, which reviewed the countries tax policies, included any business that “transmits, emits, or receives signals, sounds messages, images or data of any kind by cable, radio, electromagnetic systems or any other electronic or wireless apparatus to Nigeria in respect of any activity including electronic commerce, application store, high-frequency trading, electronic storage, online adverts, participative network platform, online payments and so on, to the extent that the company has a significant economic presence in Nigeria and profit can be attributable to such activity.”

Effiong told SaharaReporters that it would be difficult for the federal government to calculate the Nigerian derived earnings of these companies’ activities.

He is sceptical about how the government will, for example, find out the volume of activities engaged in by Nigeria’s estimated 20m Facebook users and how much each transaction yielded in revenue.

He said countries across the world were discussing how to tax over the top technologies (OTT’s) and virtual firms that do not have end-user telecommunication infrastructure and share the profit.

“The only way I see Nigeria being able to negotiate a tax regime (OTT) will be for them to collaborate with our European and American partners,” he said.

“I can’t think of any African economy – South Africa included– that can do this on their own. Even global powers like the US and the EU are struggling with this.”

Zainab Ahmed, minister for finance, gave clarity on how the government plans to implement the new tax regime by issuing the Companies Income Tax (Significant Economic Presence) Order. The finance minister is also empowered by the law to determine who a SEP is.

In the letter of the order, the first guiding principle in identifying who a SEP is will be to check if the company has sustained interaction with customers in Nigeria or agents of foreign entities based in Nigeria and have an annual earning in any currency whose value comes up to N25m or more.

Firms that fall into this category have been asked by the order to customize their platforms to enable them to receive payment in naira for taxable reasons.

“A foreign entity providing technical services such as training, advertising, supply of personnel, professional, management or consultancy services shall have a SEP in Nigeria in any accounting year if it earns any income or receives any payment from a person resident in Nigeria or a fixed base or agent of a foreign entity in Nigeria,” the act reads.

Education service providers are exempted though. Companies like Facebook, Twitter and Google, that make as much money off traffic as they do from promoted posts, would be difficult to tax, experts believe.

Most of these OTT firms do not have offices in Nigeria.

Those who do only maintain a representational presence and Effiong thinks this is the flaw in the plan.

“If Facebook says we had 17m unique visits, how are you as a country going to quantify and verify it?” he wondered.

Explaining that every taxpaying entity in the country has to open their books to the federal or state revenue boards, Effiong said OTTs have to largely comply, they have to be transparent about the number of Nigerian users they have, the ads those users clicked on, what the monetary cost of those ads was… for tax authorities to be able to assess them.”

Save for a Chinese/Iranian/Russian mode of internet monitoring, the lawyer said it would be impossible for the government to validate the genuineness of the data it is given.

Kenya is another African country that has attempted to levy an OTT. Its revenue authority said in a recent draft regulation that foreign companies offering digital services should register in the country to pay value-added tax or get a tax representative.

Outside Africa, France has been the most desperate to begin charging virtual firms for the number of undeclared profits they earn across the world.

In January, Macron’s government said it was going to go ahead of the EU conversation on the matter to collect three per cent of the global annual earnings of these firms.

That move was swiftly countered by the Trump administration, who threatened to massively heighten excise duties on goods coming out of France. Since then, Coronavirus has stalled the possibility of a joint tax regime for over-the-top technologies in the European Union.

Nigeria and Kenya are chasing the monies that could come from this new pull of cash though. It could be vital funding that would ease the recession fears in Africa’s largest economy.


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Telecom

Gaps on Phone Number Recycling Fuel Identity Theft, Data Breaches- ICIR

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When Okezie Kelechi lost his SIM card, the one he had used since his secondary school days, he didn’t think much of it.

Gaps on Phone Number Recycling Fuel Identity Theft, Data Breaches- ICIR

He was shocked weeks later to find out it had been reassigned to someone else.

“I had no idea that if your SIM card has been inactive for more than three months, they will resell it,” he wrote on social media.

“They recycled my SIM card and sold it. Same number, I have had it since secondary school.”

Kelechi’s story is far from unique.

Across Nigeria, more people are waking up to the realities of what is known as SIM recycling, a process where telecommunication companies reassign inactive phone numbers to new users. While allowed under existing rules set by the Nigerian Communications Commission (NCC), the practice is now raising serious concerns over data privacy, fraud, and national security.

A regulatory gap with real-life consequences

Experts in Nigeria’s telecommunications and security sectors are increasingly warning that the NCC’s failure to establish stronger oversight of SIM recycling is endangering millions.

“Beyond the data breaches, this issue posed a big threat to national security. I have always maintained the need for a central data system in Nigeria,” said Daniel Makolo, a retired senior official of the Nigerian Immigration Service to The ICIR.

“There’s much more to this if we don’t pay attention to an appropriate central data mining system that gives us a history of each person in the country.”

Ayodele Ajayi, an engineering professor at the Federal University of Technology, Akure, explained the security risks from his own experience.

“I used to have one Airtel number, but I travelled out. Before I came back, it was reallocated to another user,” he said.

Because phone numbers are tied to Bank Verification Numbers (BVNs) and National Identity Numbers (NINs), reassigning them can expose people to identity theft and financial loss.

The NCC should find a way to notify users when their numbers are at risk of being deactivated, Ajayi urged.

He also recounted an incident he witnessed at a bank, “a woman was narrating how she used to have a particular number but lost it. Somebody saw the number and started using it.

The woman said that before she could act, the person who got the number had started using it and had connived with a bank office to almost wipe out all her savings.

“Upon arriving at the bank to check her account balance, she found out that she had only N50,000 left from about N5 million she had saved up.”

Ajayi emphasised that while recycling is a practical move for telcos to manage limited number availability, more caution is needed.

“Let people know so they can migrate their data to another line, particularly now that almost every channel we use is linked to the phone number, including our bank verification number (BVN)”, he stated.

Kelechi recalled that his number was reassigned to another user despite still being active on WhatsApp.

“I used to wonder why random Hausa boys were always messaging me and calling me baby.

He added that “when I finally visited MTN office in Nigeria, I was told the line has been sold to someone else. E pain me, I no go lie.”

Another social media user Elizabeth Kandi, @DrETKandi warning others about the hidden risks of SIM inactivity alleges that when reassigned the new user can have  access to your USSD banking.

“If your Nigerian number was connected to your Nigerian bank accounts for USSD, if you didn’t use it for long, the network provider can disconnect and sell the number to someone else…but that person would be able to access your money via USSD,” Kandi wrote.

Her post underscores the growing fear that recycled numbers, still linked to sensitive services like mobile banking, can open the door to fraud and financial loss

Why do Telcos recycle SIMs?

At a virtual stakeholder meeting in April 2025, NCC Executive Vice Chairman Aminu Maida acknowledged the concern noting that with the evolving landscape, it has become necessary to address emerging challenges that could undermine consumer rights.

He further noted that the Quality-of-Service Business Rules 2024 stipulate that a prepaid line without a revenue-generating event for six months must be deactivated.

This means if a prepaid SIM card goes unused for six months (i.e., no calls, texts, or data use), it must be deactivated.

If the inactivity continues for another six months, the number may be recycled/reallocated to a new user.

In Section 28 of the NCC’s draft business  it is stated that all recycled SIMs must be purged of any NIN attached  to allow a new user to link their own NIN. But real-world cases suggest that in practice, many recycled numbers are not properly sanitised before reassignment.

The business case for SIM recycling

For telecom operators, recycling isn’t just a technical choice, it’s economic.

Gbenga Adebayo, chairman, Association of Licensed Telecoms Operators of Nigeria (ALTON), explained that subscribers do not have ownership rights to SIM cards in their possession, as the telecom operators pay procurement and recurring costs for each registered subscriber.

He further explained that SIM cards are “recycled” to prevent number exhaustion while reducing the cost of generating and maintaining them.

“SIM cards are reassigned to reduce the dormant subscribers, as telcos are profit-oriented organisations,” Adebayo said.

In the exercise of its powers under Section 70 of the NCC Act (2003), the commission made provisions for the development of a new numbering plan for Nigeria. Under the provision, telcos are obligated to pay a sum that is the ‘numbering plan fees’ to maintain their allocated numbers.

 

 


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Airtel Recommits to Fraud Prevention after NCC’s N104m Fine for SIM Registration Breaches

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Airtel Nigeria has restated its commitment to transparency, customer safety, and regulatory collaboration following recent regulatory enforcement by the Nigerian Communications Commission (NCC).

Airtel Recommits to Fraud Prevention after NCC’s N104m Fine for SIM Registration Breaches

The NCC had served Airtel Nigeria a notice of sanction over some alleged SIM infractions in Kano State and consequently slammed a fine of N104 million on the telecommunications firm.

NCC had in  a letter, addressed to Airtel Nigeria Chief Executive Officer, dated May 26, 2025, signed by Chizua Whyte, head, Legal and Regulatory Services, and Mohammed Dari, acting head, Compliance Monitoring and Enforcement,  on behalf of Dr Aminu Maida, executive vice chairman, NCC,  titled: ‘Notice of Sanction: Non-Compliance with SIM Registration Directive in Kano,’ where the infractions were spelt out.

According to NCC, Airtel infractions include unauthorised SIM registrations using 198 unapproved devices, resulting in 8,275 registrations outside the 281 verified Airtel shops; premature activation of 63 MSISDNs prior to proper SIM registration, contrary to the provisions of the Registration of Communications Subscribers Regulations 2022; failure to conduct effective eyeballing, leading to 407 fraudulent SIM registrations with multiple NINs, contrary to the provision of the Registration of Communications Subscribers Regulations 2022 and failure to provide satisfactory explanation for SIM registrations conducted between 12.00 a.m and 6.00 a.m.

On the matter, the letter revealed that there were some letter exchanges and subsequent meetings on the infractions between the telecom regulator and Airtel, starting from January 12, 2025, March 19, 2025, March 24, 2025, and March 27, 2025, respectively.

Apparently, after investigations and responses from Airtel, the NCC was not satisfied and this led to the fine of N104 million, which was to be paid within seven days from the date the letter was issued.

Specifically, NCC fined Airtel N5 million, N12 million, N81.4 million and N5 million for the infractions respectively.

Reacting, Airtel, expressed appreciation to the NCC for uncovering the infractions, describing the development as a critical opportunity to strengthen internal processes and further align with national security and regulatory expectations

“We thank the NCC for its vigilance and continued support in protecting the integrity of the telecoms ecosystem. Airtel takes these findings seriously and is already implementing corrective measures,” a spokesperson for the company said.

Only recently, Airtel Nigeria’s CEO recently announced that the company is doubling its investment in the country, focusing on network expansion, fiber-to-the-street rollout, 4G/5G deployment, customer care upgrades, and digital infrastructure security.

These investments reinforce Airtel’s long-term vision of building a resilient and forward-looking telecom network that meets the evolving needs of Nigerians.

“Our systems are constantly evolving to stay ahead of scammers and malicious actors,” the spokesperson added. “This is not just about compliance; it’s about our responsibility to the millions of Nigerians who rely on Airtel daily.”

Airtel Nigeria says it will continue to work closely with the NCC and other arms of government to ensure high standards of service and safety for all telecom users nationwide.

 

 

 

 


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Kenya Beats Nigeria As the Most Progressive ICT Regulation in Africa

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Kenya is celebrating its regulatory ecosystem being ranked as the most progressive in Africa. The International Telecommunications Union (ITU) has ranked the East African country first in its most recent ICT Regulatory Tracker.

ITU’s ICT Regulatory Tracker is an evidence-gathering tool for decision-makers and regulators. It demonstrates the effectiveness of regulatory systems in the age of technology.

The ITU evaluates the design of the national regulatory authority, the scope of the regulatory mandate, the obtaining regulatory environment, and the robustness of the competition framework in member countries.

Kenya received 93 points, up from 92 in 2023, and now leads the continent in best practices for ICT regulations.

Nigeria and South Africa finished second and third, with 92 and 88 points respectively. Malawi, Egypt, Rwanda, Morocco, Uganda, Burkina Faso, and Senegal complete the top 10 list.

Globally, Kenya was ranked 20th out of 194 countries covered.Italy led the rankings, with 100 points.

The regulator, Communications Authority (CA) of Kenya, said the achievement underscored Kenya’s commitment to creating a robust, technology-neutral regulatory environment that supports innovation, affordability and access.

Steve Isaboke, permanent secretary for broadcasting and telecommunications, visited CA Centre in Nairobi following the announcement on Thursday.

“The ranking is a clear testament of the excellent work that CA has done in spearheading Kenya’s digital transformation and driving digital access for all,” he said.

“After 25 years, CA’s regulatory regime has attained maturity, and gained global recognition. This ranking shows that the CA staff and leadership are executing their work diligently.”


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