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NCC Remits N51.3Bn to FG in Q1 2019

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Nigerian Communications Commission (NCC) has remitted N51.3 billion to the Federal Government’s Consolidated Revenue Fund (CRF) in the first quarter of 2019.

 

The remittance, according to Prof. Umar Garba Danbatta, executive vice chairman (EVC/CEO), NCC, is in compliance with the Fiscal Responsibility Act of 2007 (FRA 2007).

 

The payment represents “Payment on Account” in respect of operating surplus of N44 billion and N7.3 billion spectrum assignment fee collected, both of which are due to the Federal Government as at April 30, 2019.

 

According to the FRA 2007, such payments are to be made every year after preparation of Audited Accounts.

 

Specifically, Section 22, Sub-section 1 of the Act states that, “Notwithstanding the provisions of any written law governing the Corporation, each Corporation shall establish a general reserve fund and shall allocate thereto at the end of each financial year, one fifth of its operating surplus for the year.”

 

Section 22, Sub-section 2 of the Act states further that, “The balance of the operating surplus shall be paid into the Consolidated Revenue Fund (CRF) of the Federal Government not later than one month following the statutory deadline for publishing each Corporation’s Account.”

 

Aside from remitting the operating surplus, Section 17, Sub-section 3 of the Nigerian Communication Act (NCA, 2003) also stipulates that spectrum assignment fees generated shall be remitted 100 per cent to the Federal Government.

 

The Section states that, “the Commission shall pay all monies accruing from the sales of Spectrum under Part 1 of Chapter VIII into the Consolidated Revenue Fund (CRF).”

 

Commenting further, Danbatta, said the Commission had taken the initiative to be making payments on Account as it generates revenue.

 

Danbatta noted that through effective regulatory oversight by the Commission, telecommunications sector has witnessed phenomenal growth since 2001, making it an enabler of economic growth and development.

 

“To date, telecoms industry has positively impacted all the sectors of the economy including banking, healthcare, commerce, transportation, agriculture, education and so on, with increased quarter-on-quarter contribution to the country’s Gross Domestic Product (GDP),” Danbatta added.

 

For instance, latest data released by the National Bureau of Statistics (NBS) showed that the telecoms industry contributed 10.11 per cent to Nigeria’s GDP in the first quarter of 2019.

 

This represents a 0.92 per cent increase from the first quarter of the last year. This year’s first quarter contribution is also 0.26 per cent more than the figure (9.85 per cent) recorded in the last quarter of 2018.

 

“From 2001 till date, telecoms investment has increased tremendously from $500 million to over $70 billion, just as the Commission intensifies measures aimed to further facilitate investment growth in telecoms infrastructure to drive the economy, especially through the licensed Infrastructure Companies (InfraCos). We are also working with necessary stakeholders across all levels of government to address identified impediments to investment drive in the sector,” Danbatta said.

 

Danbatta, while providing latest data on the industry to underscore the impressive growth already recorded in the industry, said “in the 21st Century, access to pervasive broadband is a game changer for any economy.”

 

He explained further: “The Commission has since placed greater emphasis on broadband development as the next frontier for economic growth by driving efficiency and innovations in Nigeria. Consequently, through painstaking implementation of our 8-Point Agenda with the need to facilitate broadband development topping the agenda, we have been able to increase broadband penetration to 33.13 per cent as at end of May, 2019.”

 

Accordingly, Danbatta stated that as at May this year, there were over 173.6 million active mobile lines across mobile networks, corresponding to a teledensity of 90.98 per cent. Internet subscriptions during the month stood at 122.6 million up from 119 million in April.

 

The EVC noted that while the industry has provided and continues to provide direct and indirect jobs for millions of Nigerians, the Commission, through effective regulatory approach, is embarking on more initiatives to boost access to telecoms services in rural, unserved and underserved areas across the country “by ensuring service availability, accessibility and affordability for more Nigerians.”

 

 

 

 

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FG Plans to Invest $460m World Bank Loan in Fibre Infrastructure

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Federal Government plans to channel $460m World bank loan, representing about 92 per cent of a $500m, into the proposed fibre infrastructure company set up to deploy 90,000 kilometres of climate-resilient broadband fibre across the country.

This is contained in the Financing Agreement for the Building Resilient Digital Infrastructure for Growth project between the Federal Government and the International Development Association, the concessional lending arm of the World Bank.

Under the agreement, the World Bank approved a $500m concessional credit to support Nigeria’s drive to expand access to high-quality and climate-resilient broadband internet in unserved and underserved areas.

Of this amount, $460m is earmarked specifically for equity financing and capitalisation of a new Project Company that will drive the fibre rollout. The remaining $40m will cover goods, works, consulting and non-consulting services, training, operating costs, and the refund of a preparation advance used to develop the project framework.

According to the document, the proposed Project Company will be established “as an independent, majority privately-owned and managed special purpose vehicle-joint venture with the objective of the deployment of 90,000 kilometres of climate-resilient fibre infrastructure following a phased approach, limited to provision of wholesale, open access services to licensed telecommunications operators, and management of associated investments, including the carrying out of preparatory activities and provision of transaction advisory services, and provision of equity financing in and capitalization of the Project Company.”

The Federal Government will participate in the company as a shareholder through the Ministry of Finance Incorporated, which manages the government’s investment interests. However, the agreement explicitly caps the government’s shareholding at a maximum of 49 per cent, ensuring that the company remains majority privately owned.

The $460m equity injection is broken into four tranches, tied to strict performance and operational milestones. The first tranche of $150m will be released once the Project Company is incorporated as a joint venture with private partners selected through a process acceptable to the World Bank, and after its memorandum, articles of association, and shareholding agreement are approved.

A second tranche of $100m will only be disbursed after the company adopts fiduciary and administrative procedures approved by the lender and completes at least 5,000 kilometres of fibre deployment. The third tranche of $100m is linked to the completion of an additional 20,000 kilometres of network construction.

The final tranche of $110m will be released after the company launches wholesale open-access services through a published reference offer and completes a further 40,000 kilometres of fibre deployment, bringing the total rollout to at least 65,000 kilometres before the final equity drawdown.

Once each tranche is withdrawn, the agreement requires that the funds be transferred to the Project Company’s dedicated account within five working days, showing the equity nature of the financing rather than traditional budgetary spending.

The project will be implemented under the oversight of the Federal Ministry of Communications, Innovation and Digital Economy, and the Federal Ministry of Finance will receive semi-annual progress updates.

A dedicated Project Implementation Unit will manage day-to-day execution, with overall financial management handled by the Federal Project Financial Management Department in the Office of the Accountant General of the Federation.

Beyond the fibre rollout, the project also includes technical assistance to federal government agencies to support the use of high-quality broadband in targeted areas, as well as funding for project management, monitoring and evaluation, environmental and social safeguards, grievance redress mechanisms and independent audits.

The agreement places strong emphasis on environmental and social standards, requiring compliance with an Environmental and Social Commitment Plan. It also mandates the establishment of an accessible grievance mechanism for affected communities and strict reporting obligations to the World Bank.


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Court Dismisses N1Bn Suit against MTN, Awards N3m Costs

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A Federal High Court in Lagos has dismissed a N1 billion lawsuit filed against MTN Nigeria Communications Plc by Walls and Gates Ltd and Okechukwu Udeichi, its managing director, over alleged copyright infringement, breach of confidentiality, and trademark violations arising from MTN’s 20th anniversary promotional campaign.

Court Dismisses N1Bn Suit against MTN, Awards N3m Costs

Delivering judgement on Tuesday, Justice Ayokunle Faji held that the plaintiffs failed to establish any legally protectable right in their proposal titled “20 for 20”, describing the action as frivolous, speculative, and vexatious.

The court dismissed the suit in its entirety and awarded N3m in costs against the plaintiffs.

The plaintiffs instituted the action under Suit No. FHC/L/CS/1935/2021, alleging that MTN unlawfully used their “20 for 20” proposal, which they claimed to have submitted to the telecoms company on 17 September 2019, ahead of MTN’s 20th anniversary celebration in 2021.

They argued that MTN’s anniversary promotion, in which 20 sport utility vehicles were given out to subscribers, emanated from their proposal and amounted to infringement of their copyright, confidential information, and trademark.

Based on those claims, the plaintiffs sought N1bn in damages or, alternatively, an order directing MTN to render an account of revenue generated from the promotion and remit 50 per cent of it to them.

MTN denied the allegations, contending that the proposal was an unsolicited business idea that imposed no contractual or confidential obligation on the company.

The telecoms firm maintained that its 20th anniversary programme was independently developed and that the plaintiffs’ document was merely a general business concept not protected under Nigerian copyright law.

MTN further argued that the plaintiffs lacked a valid registered trademark and failed to demonstrate access to or copying of any protected expression.

In resolving the dispute, Justice Faji noted that the plaintiffs conceded during oral submissions that they failed to prove their claim of trademark infringement, leaving only the issues of alleged breach of confidentiality and copyright infringement for determination.

On confidentiality, the court held that no confidential relationship existed between the parties.

Justice Faji observed that before sending the proposal to MTN, the plaintiffs had already submitted it to the Nigerian Copyright Commission and relied on it for a trademark application, thereby placing the document in the public domain.

The judge further noted that after transmitting the proposal to MTN, the plaintiffs admitted circulating it to other organisations, which extinguished any claim to confidentiality.

According to the court, MTN had no obligation to respond to an unsolicited proposal in the absence of a contractual, fiduciary, or business relationship, or a non-disclosure agreement.

On the allegation of copyright infringement, the court held that registration with the Nigerian Copyright Commission does not confer copyright, stressing that Nigerian law protects expressions, not ideas or business concepts.

Justice Faji ruled that the plaintiffs’ “20 for 20 Millennium Promotion” amounted to no more than an idea of rewarding customers during an anniversary celebration and lacked the originality and intellectual effort required for copyright protection.

He described the proposal as a bare business concept devoid of original qualities capable of attracting copyright. The judge also held that MTN’s use of the phrase “MTN 20th Anniversary” was a natural description of an anniversary event and did not originate from any protectable work of the plaintiffs.

He further relied on evidence showing that MTN affiliates in other jurisdictions had implemented similar anniversary reward ideas before the plaintiffs’ proposal.

Justice Faji characterised the suit as a “gold-digging exercise” aimed at forcing a commercial relationship on MTN. He criticised the plaintiffs for using MTN’s trademark in their proposal without authorisation and then seeking to ground a billion-naira claim on the same document, adding that the case wasted valuable judicial time.

While affirming that citizens should have access to the courts, the judge stressed that such access must be limited to suits with prima facie merit.

He therefore awarded N3m in costs in favour of MTN, holding that costs must follow the event.

The court accordingly dismissed the suit in its entirety and ordered the plaintiffs to pay the awarded costs to the defendant.

Credit: Punch


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Nigeria, Egypt to Lead Africa’s Data Center Boom

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Africa’s data center landscape is rapidly evolving from small, isolated initiatives into a large-scale, fast-paced expansion.

Nigeria, Egypt to Lead Africa’s Data Center Boom

According to Africa Telecom Review, between 2025 and 2030, capacity demand is expected to soar, driven by rising cloud adoption, generative AI workloads, and the growth of digital services.

Leading this momentum are Nigeria in West Africa and Egypt in North Africa, which are drawing significant investment, carrier-neutral facilities, and increased interest from hyperscalers, even as developers and governments work to overcome challenges in power, connectivity, and talent.

Nigeria: West Africa’s Gateway to Scalability

Nigeria’s data center market has rapidly shifted from discussions to active development. Driven by a vibrant digital economy, a large mobile-first population, and a dynamic startup ecosystem, Lagos has emerged as the prime location for both colocation facilities and hyperscale projects.

Nigeria’s data center market is expanding rapidly, with an estimated 136.7 MW capacity in 2025 and projections to reach 279.4 MW by 2030 at a 15% CAGR, driven by recent facilities such as Equinix’s LG2.3 expansion in Lagos, and upcoming projects including MTN Nigeria’s 1,500-rack center and new 38-MW and 24-MW facilities under construction.

However, growth is challenged by severe power constraints, as Nigeria’s grid, capable of about 6,000 MW, fails to meet the nation’s total demand (100,000 MW), forcing data centers to rely on costly backup generation like diesel and gas, with limited current adoption of renewables despite some efficiency gains.

Growing demand from enterprises, banks, telcos, and government platforms for low-latency, sovereign hosting is driving a fundamental shift away from dependence on foreign landing points and offshore cloud regions. Developers are answering this need with multi-purpose campuses that offer carrier neutrality, cloud on-ramps, and edge infrastructure tailored for content delivery, fintech, and e-commerce surges.

The business case is strong and industry studies consistently rank Nigeria’s market growth and capacity outlook among the fastest-rising on the continent through 2030.

Egypt: The North African anchor

Egypt’s strategic geography, sizeable domestic market, improving policy environment, and Digital Egypt initiative have made it a prime destination for large-scale data hub projects. Cairo and the Nile Delta corridor offer fiber connectivity routes to Europe and the Middle East, and recent corporate deals and project pipelines point to a race to build hyperscale-ready campuses.

As of mid-2025, Egypt has 15 operational submarine cables with three more under construction. The country is targeting 18 by year-end to enhance low-latency access to Europe and Asia and the data center market is projected to grow from USD 278 million in 2024 to USD 694 million by 2030 at a robust pace.

These Egyptian developments matter beyond national borders as a consolidated Cairo hub creates new routing options and resiliency for MENA traffic and provides another competitive alternative to Western European clouds and submarine routes. For pan-African architects, Egypt represents both a distribution point and a home market for AI-scale infrastructure.

Demand Drivers and the AI Inflection Point

Two intertwined forces are powering the boom. First, enterprise cloud migration, digital payments, and streaming service growth require regional capacity to meet latency and sovereignty demands. Second, the rise of AI, from localized language models to enterprise inference farms, is intensifying the need for dense compute that is both scalable and economical.

According to McKinsey, the expansion of data centers is crucial for Africa’s businesses and consumers to achieve global competitiveness. Its latest report estimates that an investment of USD 10 billion to USD 20 billion in new capital is required to achieve this. As a result, this investment could unlock an estimated revenue pool of USD 20 billion to USD 30 billion across the data center value chain by 2030.

Furthermore, the firm projects that AI-driven demand for data center capacity could grow significantly, increasing by 3.5 to 5.5 times its current base within the same timeframe, translating to a total installed capacity of 1.5 to 2.2 GW by 2030.

The Infrastructure and Policy Hurdles

Despite the strong growth outlook, developers are contending with significant challenges. Power availability and grid stability remain the biggest obstacles to scaling quickly, often forcing projects to rely on costly hybrid energy setups that blend grid supply, on-site generation, and renewable sources.

By 2025, industry analysts had already identified power constraints as a major factor slowing data center rollouts across EMEA, highlighting why energy planning has become the decisive factor for African deployments.

Additional barriers include slow permitting processes, land acquisition difficulties, high import costs for specialized equipment, and a shortage of skilled technicians trained in modern data center operations.

For investors, managing these operational risks alongside rising demand will require stronger public–private collaboration and more innovative financing models.

Local Partnerships and the Path Forward

The coming five years will be critical for Nigeria and Egypt. By simplifying regulatory processes, strengthening grid infrastructure, and promoting green energy, both countries can establish themselves as leading data center hubs in Africa. For operators and cloud providers, achieving success will rely on providing reliable, sovereign, and energy-conscious capacity that supports both enterprise needs and AI-driven workloads.

Nigeria and Egypt are leading the charge, each offering distinct advantages that, together, are reshaping the continent’s digital backbone. The potential rewards are substantial: improved latency, local cloud sovereignty, and a strong foundation for AI-powered economies.


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