Executive Vice Chairman/CEO, NCC, Dr Aminu Maida

The Nigerian Communications Commission NCC, has made a strong case for the adequate protection of the nation’s telecommunications infrastructure with a view to ensuring effective and efficient service delivery and also achieve the country’s much desired digital transformation.

The NCC has therefore charged judges to speedily prosecute suspected telecommunications infrastructure vandals that may be brought before their courts to serve as deterrent to others in order to save the telecoms infrastructure. He also charged them to turn down applications by individuals, organisations and even government agencies that may seek being granted exceptions to the presidential order designating telecoms assets as critical national information assets.

Speaking at the 2024 edition of the Judges workshop organised by the Commission in Lagos, Tuesday with the theme: ‘The role of the judiciary in accelerating digital transformation in Nigeria’, Executive Vice Chairman/CEO, Dr. Aminu Maida, observed that over the years, telecommunication infrastructure has suffered from disruptions due extensive damage from vandalism and theft, fibre cuts by construction companies, among disruptions.

He also observed that there are restricted access that prevents operators from servicing critical infrastructure, a development that had made the industry call for special protection to be accorded to these assets to ensure continuous connectivity and reliable communication services.

Maida further noted that it was in line with the efforts of the Commission to adequately protect the country’s telecoms infrastructure that it proactively worked towards the presidential order, which designated the telecoms infrastructure as national assets so as to give them the needed protection across the country.

According to him, the mandate of the NCC as enshrined in the National Communications Act 2003, is a wide-ranging one that includes the establishment and oversight of a regulatory framework for the Nigerian communications industry, as well as the promotion of efficient, reliable, affordable and easily accessible communications services across the country. 

He said: “This mandate means that we play an integral role in Nigeria’s transition to a truly digital economy. An important aspect of this role involves facilitating the deployment and safeguarding of telecommunication infrastructure – which is essentially the backbone upon which digital services are delivered across various sectors of the economy. 

“You will agree with me that we cannot guarantee a truly digital economy without being able to adequately protect this telecommunication infrastructure that underpins the digital economy. I am aware, as you all are, of the extent to which the judiciary today depends on digital tools and technologies to carry out its functions. “Much of the work that you do as Judges has been transformed over time by the introduction of technology, commendably improving the pace and quality of the delivery of justice in Nigeria. So, clearly, no sector of national life is left out of the digital transformation conversation. It impacts all of us. 

“Drawing from the powers granted under the Cybercrimes Act of 2024 to designate what may be characterised as Critical National Information Infrastructure, President Bola Ahmed Tinubu, in July 2024, signed a Presidential Order that designates all telecommunications infrastructure as Critical National Information Infrastructure. This pivotal advancement for our industry was achieved through the NCC’s proactive advocacy and strategic collaboration with key stakeholders, including the Office of the National Security Adviser ONSA and the Federal Ministry of Communications and Digital Economy.

With this Presidential Order, Nigeria now has a comprehensive policy framework to protect vital telecommunication assets—from base stations and data centres to fibre optic cables. This framework strengthens our ability to decisively confront issues such as vandalism, illegal tampering, and preventing access to communications infrastructure, holding violators accountable to deter future offenses.

“Under this Order, individuals, organisations, or even government agencies are prohibited from sealing, removing, or damaging telecommunications infrastructure without a lawful court order.

“We anticipate that the courts may occasionally receive requests for orders to grant exceptions to the protections afforded to these Critical National Information Infrastructures. During this workshop, we aim to provide insights that will support judicial discretion in evaluating such requests.”

The NCC-boss further disclosed that the Office of the National Security Adviser, which plays a central role in coordinating the operationalisation of the Presidential Order, has already begun stakeholder consultations and meetings to facilitate immediate implementation.

This, according to him implies that in the near future, vandals, thieves, and others who breach this Order’s provisions will be brought before the courts.

While assuring that the NCC under his watch would no stone unturned in effective regulation of the industry, he sought the support and cooperation of all stakeholders including the judiciary to make this happen.

“Ensuring and regulating Nigeria’s digital transformation is not a task that the NCC can fulfil alone. It involves strategic collaboration with key partners, and the judiciary remains one of our most important stakeholders in this regard.  A functional digital economy is built on investor and consumer confidence, which are impossible in the absence of the rule of law – a critical element that is supplied by the judiciary. 

“As the digital landscape continues to evolve at an unprecedented pace, the judiciary stands as a vital pillar in shaping a present and a future where technology serves humanity. The judiciary is not simply a bystander observing the digital revolution; instead, it is an active participant, playing a continuous role in shaping the legal frameworks that govern this new technological era. The judiciary’s ability to adapt and evolve alongside technological advancements is paramount to ensuring that the benefits of digital transformation are accessible to all, while mitigating potential risks.  

“As the digital age advances, judicial officers must constantly adapt to ensure that the rule of law is as effective and enforceable in the online realm as it is in the world of brick and mortar.  One key challenge lies in adapting existing legal principles to the complexities of emerging and evolving technologies. 

Nigerians are eager to see a new chapter of digital justice, where the roles played by the judiciary are effectively translated and adapted into online contexts, as follows: Protecting fundamental rights: The responsibility of the judiciary to act as a guardian of individual rights in the digital sphere, safeguarding privacy, freedom of expression, and access to information, while also ensuring a balance between these rights and the need for security and order. 

“Enforcing digital contracts and resolving disputes: The responsibility of the judiciary to provide a mechanism for enforcing online agreements and resolving disputes arising from e-commerce, intellectual property, and other digital transactions, fostering trust and predictability in the digital economy. 

Developing digital jurisprudence: The responsibility of the judiciary to continually interpret and apply existing laws to new digital contexts, creating a body of digital jurisprudence that provides clarity and guidance for individuals, businesses, and governments operating in the digital space. 

“Promoting innovation: the responsibility of the judiciary to foster innovation by providing a stable legal framework that encourages investment and development in emerging technologies. 

On that note, let me express my strong optimism that this workshop will enrich the development of communications law in Nigeria, and produce outcomes that will be of immense benefit to all stakeholders. 

Permit me to briefly take a moment to express our profound gratitude to the National Judicial Institute NJI, our valued collaborators in delivering this workshop, as well as our host. Thank you for ensuring a most conducive atmosphere for your Lordships to brainstorm, exchange learning and insights, and enhance professionalism”, the NCC-boss also said.

The Chief Justice of Nigeria CJN, Justice Kudirat Kekere-Ekun, who also spoke at the event, commended the NCC for putting it together, noting that over the years, such engagement has contributed to the expansion of the knowledge base of judicial officers with regards to emerging issues in the telecommunications sector.

She also noted this positive impact is evident in the enhancement of the skills and capacity of judicial officers who have participated in previous editions of the workshop.

“I believe the theme of this year’s workshop which is ‘The role of the judiciary in accelerating digital transformation in Nigeria’ could not have come at a better time. There is no gainsaying the fact that, the deployment of technology in telecommunications plays a pivotal role in the advancement and enhancement of the economic system of any country and invariably stands as a driving force towards globalization. “However, considering the fact that this Workshop primarily seeks to highlight and proffer solutions to legal issues in telecommunications, I will like to quickly bring our attention to two issues which I consider to be pivotal and which revolve around cyber security and the attendant challenges of exploring the digital space.

“The first is the increased risk of the personal data of consumers being misused or compromised by unscrupulous persons, thus necessitating the need for improved strategies and innovation for consumer protection in the Telecommunications Sector. Also, worth noting are deficiencies in the banking sector and which are attributable to reliance on digital services provided by the telecommunications sector. There is for instance the major challenge posed by electronically backed transactions which is common place in the Banking Sector. Concerns in this regard include the spate of customers whose online banking platforms have been hacked, as well as banks being compromised due to technological glitches not factored into their day to day operations. Consequently, these and several other challenges have resulted in a number of disputes which frequently require adjudication”, the CJN also said.