A Nigerian lawyer, Sesan Bankole, has questioned the constitutional authority of the National Assembly to regulate telecommunications operators or impose sanctions on them, insisting that such responsibilities fall within the jurisdiction of the Nigerian Communications Commission (NCC).
Bankole’s position comes amid a dispute between the House of Representatives and telecommunications companies over persistent poor network services across the country.
The controversy followed the House’s threat to issue arrest warrants against chief executives of telecom operators who failed to appear personally before its committee investigating service delivery.
The committee has directed the affected executives to appear by November 4, 2026, warning that failure to comply could attract further action. <Cite refs={[“turn524725view0”,“turn177291search4”]}/>
Lawyer Cites Constitutional Limits
In a statement issued on Thursday, Bankole argued that Section 88 of the 1999 Constitution empowers the National Assembly to conduct investigations for specific legislative purposes, including making or amending laws and examining the administration of public funds appropriated by the legislature.
However, he maintained that the provision does not grant lawmakers unrestricted authority to regulate privately owned telecommunications companies.
According to him, investigations that fall outside constitutionally permitted purposes could be legally challenged.
Bankole also cited the case of Senate of the National Assembly v. Tony Momoh (1981), arguing that legislative investigations must remain within the limits established by the Constitution. <Cite refs={[“turn524725view0”]}/>
Companies Can Appoint Representatives, Lawyer Insists
The lawyer also questioned the committee’s insistence that the chief executives must attend its proceedings in person.
He argued that telecommunications companies, as corporate entities, could appoint authorised representatives to speak on their behalf under applicable company law.
Bankole further raised concerns about the pending legal dispute involving the Association of Licensed Telecommunications Operators of Nigeria (ALTON), which reportedly challenged repeated legislative summonses of telecom executives.
He argued that the existence of the unresolved case raises questions about the latest summonses. <Cite refs={[“turn524725view0”]}/>
Poor Network Services Remain a Major Concern
Another lawyer and public policy commentator, Ilemona Onoja, also questioned the legal basis for summoning executives of privately owned telecommunications companies.
Onoja argued that lawmakers should focus on addressing structural problems affecting the industry rather than relying primarily on hearings and summonses.
He identified fibre-optic cable vandalism, multiple taxation and inconsistent right-of-way charges as some of the challenges increasing the cost of expanding telecommunications infrastructure.
He maintained that stronger penalties for fibre-optic vandalism, harmonised right-of-way charges and measures to reduce multiple taxation could help operators expand their networks and improve service delivery. <Cite refs={[“turn524725view0”]}/>
House Defends Its Oversight Efforts
The House committee, however, has maintained that telecommunications operators hold individual licences and should be prepared to account for the quality of services they provide to subscribers.
Lawmakers are seeking explanations for persistent complaints involving dropped calls, slow internet speeds, failed airtime and data transactions, and inadequate network coverage.
The dispute has renewed debate over the distinction between legislative oversight and the regulatory responsibilities of the NCC, which oversees telecommunications operators under the Nigerian Communications Act 2003.
The central question remains how lawmakers can hold service providers accountable for problems affecting millions of Nigerians while ensuring that their actions remain within the limits of the Constitution.
