Executive Vice Chairman/CEO, NCC, Dr. Aminu Maida.

The Nigerian Communications Commission NCC has over the last one year carried out series of advocacies and partnerships, which culminated in President Bola Tinubu signing the Executive Order 2024, designating all telecom infrastructure as Critical National Information Assets. The Commission has equally left no stone unturned in deploying this framework for Nigeria’s digital transformation and overall economic growth, reports FRANCIS EZEM.

Signed by President Bola Tinubu in July 2024, the Executive Order designated all telecom infrastructure as Critical National Information Assets, is no doubt, one of the outcomes of series of engagements with stakeholders, strategic partnerships and advocacy by the Nigerian Communications Commission NCC, especially in the last one year.

The Presidential Order, which draws from the powers granted under the Cybercrimes Act of 2024, to designate all telecom assets both public and private as Critical National Information Infrastructure, has provided a strong framework for the protection of telecom assets in the country, which is a quantum leap into exponential growth for Nigeria’s digital economy.

Recall also that on his appointment as the Executive Vice Chairman/CEO of the Commission Dr. Aminu Maida, sometime last year, told both members of his management team and the entire staffers of the organisation in clear terms that as a deliberate policy, he would align the Commission’s regulatory focus to achieving President Tinubu’s vision on digital economy under the Renewed Hope agenda and in line with efforts to advance Nigeria’s digital transformation. In achieving this, he equally identified the crucial role played by efficient and effective broadband services, which also rely heavily on a solid infrastructure base.

“Mr. President has a very clear agenda from which all of us are going to take our direction. The two major areas are job creation and enabling the digital economy. Where we are going in a nutshell is; everything that we do in this Commission has to align directly with the Strategic Plan of the Hon. Minister of Communications, Innovations and Digital Economy, Dr Bosun Tijani and ultimately to the Renewed Hope agenda of His Excellency, President Bola Ahmed Tinubu. We would not deviate from that.

“We would align with the aspiration to increase broadband penetration to 70 per cent and to cover 90 per cent of the population by 2025. Therefore, we need to build a reliable telecom industry with impressive quality of service (QoS) indicators with quality of experience (QoE) as our watchword and ultimate goal. This also requires us to address a number of issues such as the Right of Way (RoW) challenge, ensuring the security of our telecom infrastructure, among others. Efforts must be made to significantly improve service delivery by ensuring the NCC is performance-driven.

 “We would not entertain anything that deviates from this direction because my key performance indicators (KPIs) are fed into the Minister’s KPIs and the President’s KPIs. The Hon. Minister has said clearly that he is ready to build a robust digital infrastructure and empower three million Nigerians digitally and we have to do our best to support him in this regard”, Maida pledged.

It was in the light of his firm belief in protecting communication infrastructure as a basis for ensuring efficient service delivery that Maida took his campaign to the West African sub-region. While addressing participants at the 21st West Africa Telecommunications Regulatory Assembly WATRA Annual General Meeting AGM held in Freetown, Sierra Leone in March 2024, he proposed a coordinated and multilateral approach by countries within the region to protect shared telecommunications infrastructure, and diversify connectivity to ensure uninterruptible connection. This follows recent undersea cable cuts that challenged connectivity in many countries in the West African sub-region.

He said: “Securing telecom infrastructure is paramount for fostering Foreign Direct Investment FDI and enhancing investor confidence in the West African sub-region. The reliability and resilience of telecommunications networks are crucial factors that investors consider when evaluating regional opportunities.

“By ensuring the security of these vital assets, we can attract more investment, spur economic growth, and enhance our competitiveness on the global stage. A secure telecoms infrastructure not only facilitates efficient communication and connectivity but also signals a commitment to safeguarding critical assets essential for business operations. This assurance can significantly boost investor confidence and create a conducive environment for sustainable economic development.”

Little wonder the NCC under Aminu Maida has shown very strong commitment towards strict enforcement of the Presidential Order. In line with this commitment, the Commission has taken every available opportunity to sensitise the stakeholders on the need to embrace the Presidential Order. This is in line with the NCC’s inclusive leadership style, which is borne out of its belief that stakeholders play crucial roles, not only in ensuring the protection of telecomm infrastructure but also achieving the Commission’s statutory mandate.

The NCC-boss, Maida, speaking at a recent stakeholders’ engagement.

For instance, at a recent engagement, Dr. Aminu Maida told the stakeholders that there is need to constantly protect the telecomm assets, which also informed the increased proactive advocacy by the Commission, leading to the decision of the President to sign the Order, which also has the force of law.

“The Presidential Order will protect the telecommunication assets from vandalism, theft and fiber cuts by construction companies. It is essential to protect the telecommunication infrastructure in the country; no sector of the national life is left out of the digital transformation conversation. It impacts all of us.

“Telecommunication infrastructure has increasingly, over the years, suffered disruptions due extensive damage from vandalism and theft, fiber cuts by construction companies and restricted access, preventing operators from servicing critical infrastructure.

Therefore, with the signing of the Presidential Order, NCC has been empowered to deal with such issues as vandalism, illegal tampering and preventing access to communications infrastructure. Also, with this Presidential Order, Nigeria now has a comprehensive policy framework to protect vital telecommunication assets ranging from base stations and data centres to fiber 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,” he said.

It is no gainsaying that the Presidential Order, which has been variously described as a pivotal advancement for the industry, was made possible by the continuous advocacy of the Commission and collaboration with key stakeholders, including the Office of the National Security Adviser ONSA and the Federal Ministry of Communications and Digital Economy. It is also on record that the industry has long called for special protection to be accorded to these assets to ensure continuous connectivity and reliable communication services.

Only recently, the NCC took the campaign for the protection of telecomm infrastructure through the enforcement of the Executive Order to the judicial arm of government. This is given the crucial function of this arm of the government in interpreting the laws of the land, including the Order and imposing fines and penalties when these laws are breached.

Speaking at the 2024 edition of the Judges workshop organised by the Commission in Lagos, with the theme: ‘The role of the judiciary in accelerating digital transformation in Nigeria’, the NCC CEO 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 urged them to turn down frivolous applications by individuals, organisations and even government agencies that may seek to be granted exceptions to the presidential order designating telecoms assets as critical national information assets. According to him, over the years, telecommunication infrastructure has suffered from disruptions due extensive damage from vandalism and theft, fibre cuts by construction companies, among other disruptions.

He also observed that there is 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 reminded the judges that the mandate of the NCC as enshrined in the National Communications Act 2003, is wide-ranging from one that includes the establishment and oversight of a regulatory framework for Nigeria’s communications industry, to the promotion of efficient, reliable, affordable and easily accessible communications services across the country. 

“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 telecommunications 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 our national life is left out of the digital transformation conversation. It impacts all of us. 

 “We anticipate that the courts may occasionally receive requests for orders to grant exceptions to the protections afforded to these Critical National Information Infrastructure. In the course of this workshop, we have provided insights that will support judicial discretion in evaluating such requests.

“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 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”, Dr. Maida also said. 

 Meanwhile, Chief Justice of Nigeria CJN, Justice Kudirat Kekere-Ekun, who also spoke at the event, commended the NCC for organising it, arguing that over the years, such engagements have contributed to the expansion of the knowledge base of judicial officers with regards to emerging issues in the telecommunications sector.

She also acknowledged that 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 globalisation.

“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, 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 commonplace 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 observed.

Some of the insights developed in the course of the workshop include: “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”, among others. 

It was further learnt that in addition to playing a key role in the signing of the Presidential Order, the Office of the National Security Adviser plays a central role in coordinating the operationalisation of the Order, and has already begun stakeholder consultations and meetings to facilitate immediate implementation.

Expectedly, the implication of this is that in no distant time from now, vandals, thieves, and others who breach the provisions of the Order will be brought before the courts. Though the NCC has repeatedly assured that it would leave no stone unturned in effective regulation of the industry, the support and cooperation of all stakeholders including the judiciary are necessary to make this happen. Only then would Nigeria truly experience the long expected digital transformation. The time truly is now.