Telecom
SSS, Police Get Powers to Tap Phones
Nigeria Communications Commission (NCC) plans to introduce lawful interception (LI), a legally sanctioned official access to private communications, such as telephone calls or e-mail messages in a bid to enhance national security, prevent crime and aid criminal investigations.
Under the initiative, in response to a warrant from a judge, lawful interception is performed simply by applying a ‘tap’ on the telephone line of the target, making it possible for security agencies in Nigeria to listen to terrorist and criminal cell phone calls and gather communications intelligence on their dark activities.
The commission said it is drawing powers from Section 70 of the Nigerian Communications Act, 2003 and all other powers enabling it in that regard.
It has not however fixed a date for the takeoff of the controversial policy which critics said can be used by repressive governments to intimidate opposition.
A draft guideline posted on NCC website requires service providers and Internet service providers to implement their networks to explicitly support authorized electronic surveillance.
“These regulations are made to provide a legal and regulatory framework for the lawful interception of Communications in Nigeria, the collection and disclosure of intercepted Communications. These Regulations shall; provide the legal and regulatory framework for the lawful interception of Communications in Nigeria and to put into effect the provisions of sections 146 and 147 of the Act; specify the nature and types of Communications to be intercepted; prescribe penalties for non-compliance with these Regulations; provide a notification procedure to the Commission of all Warrants issued, amended renewed or cancelled under these Regulations; ensure the privacy of subscribers as contained in the Constitution of Federal Republic of Nigeria is persevered” the commission said.
According to the NCC, a fine of N5 million awaits a service provider or any of its officers which fails to comply with the provisions of the regulation.
“If such an offence is continuing, such a Licensee or officer shall be liable to a daily default penalty of N 500,000; the Commission may revoke the License of the Licensee for failure to comply with the regulation. The Commission shall give a prior written notice to the Licensee of such revocation, not less than [30] days to the withdrawal of the License. In addition the Commission may institute an action for non-compliance by way of an injunction or a specific performance or any or such other judicial means of enforcing a duty or obligation imposed on a Licensee pursuant to this regulation” it said.
Nigeria CommunicationsWeek gathered that though lawful interception has existed since the inception of electronic communications in the form “wiretapping”, it has become increasingly necessary now because of the sophistication of criminal enterprises in exploiting emerging communications channels.
The criminal activities pose real challenge to organizations responsible for protecting public safety including the police and courts,
It would be recalled that office of the National Security Adviser (NSA) had in early 2010 summoned all telecom operators in the country recently and tabled the proposed initiative.
At the meeting were the House of Representative Committee on Communications, telecom operators as well as the minister of information and communications
The office of the NSA had given all technical data to lawful interception and requested its vendors to contact their consultant for any clarification.
The office has also given a deadline which expired on July 6, 2010 for all technical enquiries following which it is expected to release the implementation schedule for the lawful interception.
Nigeria CommunicationsWeek gathered that the federal government has directed its consultants to put in place law interception provisions including secure access to protect information and insure network integrity.
It is also expected to be undetectable with secure transport to authorized law enforcement agencies as well as scalable and high availability to accommodate changing network environments.
Lawful interception is expected to help address concerns over ARPU, telecommunications fraud, denial of service attacks, customer satisfaction, and growing security fears – particularly over global terrorist activities.
Chijoke Nwosu, a security consultant applauded the initiative and said that in today’s unstable environments, the need for intelligence information is vital in preventing and combating crime. He however warned that high security requirements for LI systems are important to prevent possible manipulation and misuse.
Nodding in agreement, John Iyene Owobokiri, Nigeria CommunicationsWeek in-house legal expert, however said that Lawful interception has a strong legal basis.
According to Owobokiri, there is need to complement the multifaceted regulation of lawful interception with elaborated provisions of law concerning the requirements for the design and development of lawful interception systems.
On the other side of the divide, concerns have been raised as critics said such move would amount to infringement of peoples’ privacy.
Amnesty International is concerned by instances where the provision of powerful surveillance and interception capabilities to repressive states are contributing to human rights violations carried out by the police, security and intelligence forces.
Though the organization said that it is not opposed to the transfer of surveillance in general, but such technologies have inherent capabilities that facilitate human rights abuses by security forces in repressive countries.
Wireless Application Service Providers Association of Nigeria (WASPAN) has asked the Court of Appeal to suspend the enforcement of the Federal Competition and Consumer Protection Commission’s (FCCPC) Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations, 2025 (DEON Regulations).
WASPAN warned that the implementation before the determination of its appeal could expose telecom value-added service providers to sanctions and disrupt their operations.
Millions of subscribers across the country rely on borrowed airtime to communicate.
Seun Sofoluwe, an Abeokuta, Ogun State resident, said another interruption would have severe consequences for many Nigerians who depend on airtime and data lending services for their daily communication needs.
“A lot of people depend on the services, and it will be very bad for them, especially those who are so reliant on it that they do debt-to-debt servicing,” he said.
Debt-to-debt servicing refers to the practice of repaying an outstanding airtime loan immediately to qualify for another advance, underscoring the extent to which some subscribers depend on the facility to remain connected.
Sofoluwe’s concerns echo the experience of Lagos-based employee Farouk Rabiu, who recounted the hardship caused by the six-month suspension of airtime lending services before they were restored.
“I was devastated because, after exhausting my data, I was hoping to borrow credit to access my bank account. Instead, it was a major disappointment,” Rabiu had said after the services resumed.
Adding another dimension to the debate, Gbenga Adebayo, chairman of the Association of Licensed Telecommunications Operators of Nigeria (ALTON), said the earlier disruption showed that airtime credit had evolved far beyond a conventional telecommunications offering.
“What this episode demonstrated is that airtime credit is not a financial product in the way regulators initially characterised it. It is economic infrastructure that approximately 40 million people use regularly, with the vast majority of them at the base of the economy,” Adebayo said.
WASPAN, which represents licensed value-added service providers, has asked the Court of Appeal to restrain the FCCPC from enforcing the DEON Regulations pending the hearing of its appeal against the July 20 judgment of the Federal High Court in Lagos.
The association argued that immediate enforcement would expose operators to sanctions, create regulatory uncertainty and disrupt telecom-enabled services, including airtime credit and data advances, used daily by millions of Nigerians.
The FCCPC, however, has defended the resumption of enforcement, insisting the regulations are intended to sanitise the digital lending industry, curb predatory debt recovery practices, protect consumer data and eliminate illegal digital lenders.
The Court of Appeal is expected to determine whether enforcement of the regulations should remain suspended while it considers WASPAN’s appeal, a decision that could shape the future of telecom-based digital lending services and determine whether subscribers continue to enjoy uninterrupted access to airtime and data credit.
Nigerian Communications Commission (NCC) and the Rural Electrification Agency (REA) have entered into a partnership to deploy renewable energy solutions for telecommunications infrastructure in rural and underserved communities, a move expected to reduce operators’ energy costs and improve network availability.
Abraham Oshadami, executive commissioner for Technical Services at the NCC, disclosed this during the signing of a memorandum of understanding (MoU) in Abuja.
According to Oshadami, the NCC-REA Stakeholder Forum and MoU signing ceremony will enable telecom base stations located near mini-grids to access cleaner and more affordable electricity, reducing their reliance on diesel-powered generators.
He said the agreement came at a time when telecom operators are facing rising operational costs due to increased spending on diesel to power network sites amid unreliable electricity supply from the national grid.
The partnership reflects the growing relationship between the power and telecommunications sectors, as both rely on each other to deliver essential services.
Oshadami explained that while telecom infrastructure requires a steady power supply to remain operational, digital connectivity also supports electricity services such as smart metering, electronic payments and remote customer management.
According to him, the collaboration is aimed at improving access to reliable electricity and telecommunications services, particularly in remote communities where inadequate power supply has slowed digital inclusion.
He said both agencies had identified telecom base stations located within one to two kilometres of existing mini-grids, allowing the implementation of the initiative to begin immediately.
“Where mini-grids exist, we are able to identify nearby base stations and connect them to those power sources,” Oshadami said.
He added that future mini-grid projects would be planned with telecommunications infrastructure in mind, ensuring that electricity investments also support the expansion of digital services.
Telecom
Ex-Pan African Towers CEO Alleges DPI, Verod Using Court Suit to Pressure Him in $30m Buyout Dispute
A fresh twist has emerged in the legal disputes surrounding the acquisition of Pan African Towers (PAT), with the company’s former Chief Executive Officer, Azeez Amida, alleging that a lawsuit filed against him is retaliatory and intended to pressure him over an ongoing $30 million management buyout dispute.
Pan African Towers
The allegation is contained in Amida’s Statement of Defence and Witness Statement filed before the Federal High Court in Lagos in response to claims instituted by Pan African Towers.
According to the court filings, Amida argued that the latest suit should be viewed within the context of several pending disputes involving the company’s shareholders, including Development Partners International (DPI), Verod Capital Growth Fund III LP and African Development Partners International LLP.
The defence stated that Amida had already commenced separate legal proceedings against the investors over the management buyout transaction, seeking damages exceeding $30 million, while also pursuing claims against Pan African Towers arising from a Mutual Separation Agreement executed after his departure from the company.
He alleged that instead of filing substantive responses to those actions, Pan African Towers initiated fresh proceedings at the Federal High Court over expenditure approvals and procurement decisions made during his tenure as chief executive.
Amida maintained that the action was retaliatory and intended to exert pressure on him in relation to the earlier disputes.
The defence further explained that he had deliberately distanced himself from final expenditure approvals during his time as CEO because of disagreements over procurement practices and governance issues involving the board and shareholders.
According to the filings, following the appointment of a new Chief Financial Officer (CFO), financial approval responsibilities were structured to ensure the CFO retained final approval authority, while the CEO’s role was limited to endorsing requests that had already undergone departmental reviews.
The defence argued that many of the transactions now being challenged were processed through that governance framework, with approvals passing through the Finance and Human Resources departments before payment.
It added that the CFO, who remains with the company and has since been promoted, exercised the final approval authority over the disputed expenditures.
Amida also contended that the transactions cited in the lawsuit were not unilateral decisions but formed part of the company’s established governance and approval procedures involving multiple departments, executive management and, where necessary, the board.
According to the defence, documentary evidence, including internal emails, approval workflows and payment records, would be presented during the trial to support those claims.
The filings further stated that hospitality expenses, investor engagement costs and related business expenditures challenged in the suit were incurred in the ordinary course of business, known to directors and shareholders, reimbursed through established procedures and reflected in the company’s audited financial statements.
Amida also argued that the allegations only surfaced after his exit from the company despite extensive internal reviews conducted before both parties executed a Mutual Separation Agreement in November 2024.
He maintained that the agreement required any allegations of misappropriation unrelated to released assets to be investigated, supported by credible evidence and communicated to him within six months, with an opportunity to respond before legal proceedings could commence.
In a separate application, Amida challenged the jurisdiction of the Federal High Court, arguing that the dispute arose from his employment relationship and the Mutual Separation Agreement, matters he said fall within the exclusive jurisdiction of the National Industrial Court.
He also argued that a related case remains pending before the National Industrial Court and that the Federal High Court proceedings amount to an abuse of court process.
The defence indicated that it would rely on a range of documentary evidence during the trial, including audited financial statements, board communications, internal approval emails, banking records, employment documents, shareholder communications and the Mutual Separation Agreement.
The Federal High Court is yet to rule on the substantive claims or the preliminary jurisdictional objections.
While Pan African Towers’ allegations remain before the court, Amida has denied any wrongdoing and maintained that the action forms part of a broader pattern of litigation connected to the acquisition of the company.
The court is expected to determine the merits of the claims after hearing both parties.
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