Experts who converged in Lagos on Tuesday have called for a comprehensive overhaul of Nigeria’s principal telecoms law, the Nigerian Communications Act (NCA) 2003, declaring it outdated and incapable of supporting the country’s digital future.
“We cannot be regulating smartphones with landline logic,” Mrs Yetunde Akinloye, former Director of Legal and Regulatory Services at the Nigerian Communications Commission (NCC) says.
“The NCA is overdue for a big boost,” she says at the colloquium, themed “The Nigerian Communications Act 2003, 22 Years After – Challenges, Opportunities and Future Directions for a Digital Nigeria”, that draws together stakeholders from across industry, government and civil society.
The first technical session features Akinloye’s presentation titled “Impact Analysis on the Communications Sector”, followed by a panel discussion moderated by Ms June Nwachukwu, Deputy Director at the Commission Secretariat of NCC. The panel features Mr. Tobe Okigbo (Chief Corporate Services Officer, MTN Nigeria), Mrs. Chizua Whyte (Head of Legal and Regulatory Services, NCC), Mr. Damian Udeh (Associate Director, Regulatory Affairs, IHS), and Engr. Gbenga Adebayo (Chairman, Association of Licensed Telecommunications Operators of Nigeria – ALTON).
“But the fact still remains that the NCA has been in operation for 22 years. It’s not in tune with current realities,” she says. “There was an offence. If you don’t approve your equipment, the fine is ₦100,000. ₦100,000. How many dollars is that today? So, it’s not in tune.”
The Panelists reached consensus on four priorities: protect regulatory independence, address technological convergence, safeguard critical infrastructure, and eliminate overlapping regulations.
NCA 2003: A Law that changed the game
“In those days, getting a phone required a large dose of prayers, patience, and sometimes you needed to know somebody in NITEL,” Mrs Akinloye says.
“NITEL, as we knew it, was a monopoly,” she recalls, noting that in 1999–2000, only four in 100 Nigerians had access to phones.
“The cost of acquiring a phone was exorbitant. The service was nothing to write home about. Teledensity was 0.04,” she explains.
She outlines how the 2000 telecoms policy and the 2003 Act reversed that trend. “The Act creates the NCC, the USPF, and the NFMC. These institutions make sector-wide reforms possible.”
“We have per-second billing in 2003. SIM registration. Mobile number portability in 2013. Things we were told were not possible,” she notes.
“The Act allows for more operators. It brings NITEL under regulatory control for the first time.”
As of January 2025, Akinloye says the NCC has issued 1,154 licences. “That’s from fewer than 500 in 2004. Many of the older ones were not even operational,” she says.
The impact is being felt across all sectors, she adds. “We now have e-commerce, fintech, streaming, online education, telemedicine, and agriculture all powered by telecoms infrastructure.”
“There has been an increased contribution to the GDP. It is one of the non-oil sectors that is the highest contributor to the GDP. As of Q4 2024, the contribution to GDP is 14.40%. And of course, there has been increased teledensity,” Akinloye notes.
“We have the National Broadband Plan. We have the Digital Economy Policy. And all these new developments that the Act is not in tune with. We have technological evolutions — artificial intelligence, IoT, data-driven services. They are not captured in the Act. You have regulatory overlaps with some other agencies like the FCCPC trying to take over some exclusive reserves of the telecoms sector.”
“There was a time when we queued at NITEL on Sunday just to make international calls,” she recalls. “Today, 78 in every 100 Nigerians have access to phones.”
A telecoms law outpaced by innovation
While the Act establishes the regulator (NCC), Akinloye says many provisions in the law are no longer relevant.
“But the fact still remains that the NCA has been in operation for 22 years. It’s not in tune with current realities,” she says. “There was an offence. If you don’t approve your equipment, the fine is ₦100,000. ₦100,000. How many dollars is that today? So, it’s not in tune.”
She continues, “We have the National Broadband Plan. We have the Digital Economy Policy. And all these new developments that the Act is not in tune with. We have technological evolutions — artificial intelligence, IoT, data-driven services. They are not captured in the Act. You have regulatory overlaps with some other agencies like the FCCPC trying to take over some exclusive reserves of the telecoms sector.”
“You have child online protection. It is not catered for by the NCA. Spectrum fees and secondary spectrum markets are things that a forward-looking Act should be addressing,” she adds.
On enforcement, she says the NCC lacks prosecutorial powers. “The NCA does not give the lawyers in the NCC the powers to prosecute. But you go to agencies like the Nigerian Ports Authority or the Federal Inland Revenue Service, and you find that their lawyers can actually go to court and prosecute their own matters.”
She warns that external legal oversight weakens regulatory enforcement. “In the telecoms sector, when you are in the regulatory environment, you know it better than having to give the lawyer oversight. So, those are the kinds of things that the improved NCA must be looking at.”
Infrastructure and enforcement gaps
She raises concerns over the safety of critical national infrastructure. “I heard yesterday there was a report of fibre cuts simultaneously across the country, which led to degradation of the service. But when we have critical national infrastructure taken care of, it makes it an offence to tamper with telecoms infrastructure.”
“Telecoms offences need to be spelled out. That is not currently in the Act. In the financial sector, especially when you look at the Securities and Exchange Commission, they have a specialised tribunal that handles sector-related matters. Local content must also be protected. A lot of Nigerians are developing content. We need to take care of that in the Act.”
She emphasises again, “We are regulating smartphones with landline logic.”
Calling for legislative reforms, she says, “And I must give it to the legislature. As of 2003, when this Act came into being, it was the same legislature that produced this Act. So I am sure that the current legislature can also do a better job.”
According to Okigbo, “Today, network traffic is not just about voice and SMS. It’s fintech, video, e-health, and logistics. So, the law must be as agile as the services we enable.”
“The 2003 Nigerian Communications Act is a truly forward-looking Act. It actually takes care of a lot. But as I say, we are regulating smartphones with landline logic. So, the NCA is overdue for a big boost,” she adds.
Akinloye calls for stakeholder engagement and a holistic review of the NCA. “The NCA 2003 has had a profound and lasting impact on the telecoms industry in Nigeria. No one can fault that. It is a forward-looking piece of legislation responsible for the exponential growth we have seen in the sector.”
“Telecoms is no longer about just making phone calls. It’s about powering governance, health, financial inclusion, telemedicine and so much more. That’s why the 2003 Act will not cut it anymore.”
“To sustain growth and ensure we arrive at a fully digital Nigeria, we must encourage innovation, protect consumers from new threats, and ensure that the sector continues to drive other sectors. The NCA needs a review. We need a law that reflects realities and is truly future-ready,” Akinloye tells attendees at the event.
Industry speaks: Independence, interference and innovation
Engr. Gbenga Adebayo says, “I will raise two key issues that require urgent intervention. The first is the issue of pricing quality. The second is the independence of our regulator and how it relates to the workings of the Act.”
He says local governments are worsening service delivery. “In Bauchi State, we’ve been down for 72 hours because local agencies shut us down using their own laws. This affects service delivery.”
“We are seeing multiple regulations and failures. The Act is one, but subnational laws run deeper. Sometimes they tell us the law is good but not yet applicable. You may have seen what happened in Kogi State over the last three days.”
“Kogi and many others have enacted subsidiary legislation that empowers local agencies to interfere with communications services. So, when we talk about service quality or user experience, they point to their local laws,” Adebayo says.
“We need, as recommended in the review of the Act, to strengthen the legislation and ensure it isolates the industry from local authority interference,” he insists.
On regulatory independence, he says, “Before now, sustainability was our biggest challenge. We said pricing rights were lacking and discouraged investment.”
“The Act allows the NCC to manage price approvals. But in practice, the regulator is forced to seek sign-off from political appointees. That undermines independence.”
Adebayo warns, “The success we’ve had is due to our independent regulator. The day we compromise that, our sector becomes just like any other.”
He proposes periodic legislative reviews. “We are in a digital sector. Technology changes fast. The Act must reflect this with regular updates.”
He flags retail pricing interference. “The Act provides for wholesale regulation, but implementation is extending to retail pricing. Per-second billing came from competition, not regulation. Market forces should guide retail pricing.”
He suggests forming an industry committee. “The outcome of this colloquium should be an industrial working group with a timeline for submitting a proposal to Parliament.”
NCC panel calls for reforms, accountability and clarity
Mrs. Chizua Whyte, Head of Legal and Regulatory Services at NCC, is also lending her voice to the call for legal reforms.
“We need to be able to prosecute our cases ourselves. Currently, we rely on external prosecutors, which reduces the efficiency of our enforcement efforts,” she says.
“We need to criminalise telecoms offences more explicitly and empower the NCC with stronger legal tools,” Whyte adds, noting that the current legal structure is not sufficient to match the pace of sectoral innovation and risks.
She also says clarity is needed around sector-specific offences and enhanced powers to tackle emerging regulatory challenges.
Mr. Damian Udeh, Associate Director of Regulatory Affairs at IHS Nigeria, highlights the growing complexity of the ecosystem: “Infrastructure sharing, co-location, and right-of-way disputes are daily realities. The law must evolve to provide clear pathways and resolution mechanisms.”
He warns that “without a stronger legislative framework, we risk bottlenecks that can hamper infrastructure rollout and broadband expansion.”
Udeh urges stakeholders to “consider the dynamic nature of today’s network environment, where edge computing, 5G densification, and energy constraints intersect. We must plan a legislative regime that speaks to these challenges.”
He also says the law must “recognise the realities of infrastructure providers, and how their work underpins service delivery.”
Mr. Tobe Okigbo, Chief Corporate Services Officer at MTN Nigeria, is also backing reforms while calling for more inclusive engagement with operators: “Operators must be part of the process. Any law that governs the sector must involve those who run the networks daily.”
“The Act was a game-changer 22 years ago. But the game has changed again. We now need a new framework,” he says.
He notes that areas like digital identity, data privacy, AI regulation, and inter-agency coordination are no longer optional. “They are central to sector growth, and the law must reflect that.”
According to Okigbo, “Today, network traffic is not just about voice and SMS. It’s fintech, video, e-health, and logistics. So, the law must be as agile as the services we enable.”
He also raises the issue of regulatory certainty. “Investors ask questions like: what does the law say about spectrum trading? What happens if there is interference from state authorities? These questions determine whether funding flows or not.”
He commends the NCC for initiating the conversation but calls for speed in translating dialogue into action. “We can’t be talking about the same things three years from now. We need a working group, clear deliverables, and a timetable.”
Colloquium points to the future
As the colloquium progresses, it becomes clear that the 2003 Act, though visionary in its time, is no longer sufficient.
Stakeholders from across the board — regulators, operators, legal experts, and infrastructure providers — are uniting around a single message: Nigeria’s digital future needs a modern legal foundation. Discussions are pointing to areas like:
- Mechanisms for regular updates to telecoms law.
- Prosecutorial authority for the NCC;
- Clearer frameworks for infrastructure protection and funding;
- Defined jurisdiction in relation to other regulators;
- Strengthening regulatory independence from political interference;
- Adaptive provisions for digital services, cybersecurity, and innovation;
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