A Nigerian lawyer has questioned the authority of the National Assembly to regulate telecommunications operators, arguing that the responsibility for overseeing the industry rests primarily with the Nigerian Communications Commission (NCC).
The legal position comes amid growing tensions between lawmakers and telecommunications companies over persistent poor network services, dropped calls, slow internet connections and other challenges affecting subscribers across the country.
The controversy followed the House of Representatives’ decision to summon the chief executives of telecommunications companies to explain the quality of services provided to Nigerians. The lawmakers warned that failure to honour the invitation could lead to arrest warrants.
The intervention has generated debate over the extent of the National Assembly’s investigative powers and whether lawmakers can compel private telecommunications companies to appear before them over matters already handled by the industry regulator.
Lawyer Questions Lawmakers’ Constitutional Powers
Lawyers commenting on the dispute argued that the National Assembly must operate within the limits established by the 1999 Constitution.
One of them, Sesan Bankole, maintained that although lawmakers could invite telecommunications operators to discuss issues affecting the public, they could not assume the regulatory responsibilities assigned to the NCC.
He argued that the commission, rather than the legislature, was responsible for regulating telecommunications operators and enforcing applicable industry rules.
Bankole also questioned whether the chief executives of the companies were necessarily required to appear personally, suggesting that the operators could appoint representatives to respond to the lawmakers’ concerns.
Another lawyer and public policy commentator, Ilemona Onoja, similarly questioned the constitutional basis for the summons.
Onoja argued that Section 88(1) of the 1999 Constitution limits the National Assembly’s investigative powers to matters connected with making or amending laws and examining the conduct of authorities responsible for administering funds appropriated by the legislature.
According to this interpretation, private telecommunications companies do not automatically fall within the scope of those investigative powers simply because their services have attracted public criticism.
He also raised concerns about a pending legal dispute involving the Association of Licensed Telecommunications Operators of Nigeria (ALTON), which reportedly challenged repeated legislative summonses of telecommunications executives over matters within the NCC’s regulatory jurisdiction.
NCC Remains Responsible for Telecommunications Regulation
The Nigerian Communications Commission was established under the Nigerian Communications Act 2003 to regulate the telecommunications industry.
Its responsibilities include licensing operators, protecting consumers, promoting competition and enforcing applicable requirements on service delivery.
The commission also oversees quality-of-service standards intended to ensure that telecommunications companies provide services that meet established regulatory requirements.
The lawyers argued that lawmakers should focus on their constitutional responsibility to enact laws that address structural problems affecting the industry rather than attempt to take over the regulator’s functions.
However, the precise limits of the National Assembly’s authority in a particular investigation depend on the legal basis, purpose and circumstances of the inquiry. The lawyers’ arguments represent their interpretation of the applicable constitutional provisions.
Poor Network Services Trigger Legislative Intervention
The dispute comes against the backdrop of widespread complaints from Nigerians about deteriorating telecommunications services.
Subscribers have repeatedly raised concerns about dropped calls, unstable internet connections, slow data speeds, failed airtime and data transactions, as well as inadequate network coverage in some communities.
These problems have affected individuals, businesses and institutions that depend on reliable telecommunications services for daily activities.
Small businesses relying on internet connectivity for payments and customer transactions have also faced disruptions, while poor network coverage in some areas has raised concerns about access to emergency services and communication during security incidents.
The House of Representatives said its investigation was intended to establish the reasons for the persistent service failures and compel operators to explain the measures they were taking to address subscribers’ complaints.
In a related development, the House’s ad hoc committee investigating telecommunications service quality gave affected operators until November 4, 2026, to appear before it after rejecting an attempt by their industry association to represent them collectively.
The lawmakers insisted that the companies’ chief executives and senior management officials should personally account for their respective organisations’ service delivery.
Lawyers Propose Legislative Solutions
Rather than directly assume the NCC’s regulatory responsibilities, Onoja argued that the National Assembly could address structural challenges that increase the cost of telecommunications infrastructure and hinder network expansion.
These include fibre-optic cable vandalism, multiple taxation and inconsistent right-of-way charges imposed on telecommunications operators.
Fibre-optic cables carry significant amounts of data across telecommunications networks. Damage to this infrastructure can disrupt services and require costly repairs.
Similarly, multiple levies and high infrastructure deployment costs can complicate efforts by operators to expand coverage and improve network capacity.
The lawyer maintained that lawmakers could use their legislative powers to introduce measures addressing these obstacles, potentially creating a more supportive environment for telecommunications investment and improved service delivery.
Debate Over Consumer Protection and Legislative Oversight
The disagreement highlights the challenge of balancing consumer protection with the constitutional division of responsibilities among government institutions.
While Nigerians continue to demand better telecommunications services, questions remain about the most appropriate legal mechanisms for holding service providers accountable.
The National Assembly maintains that poor network quality is a matter of public concern requiring answers from the companies involved. The lawyers challenging the summons argue that such concerns do not, by themselves, give lawmakers unrestricted authority to exercise the regulatory powers assigned to the NCC.
The outcome of the dispute could have implications for how legislative committees conduct investigations involving private companies in regulated industries.
For telecommunications subscribers, however, the immediate concern remains whether the ongoing scrutiny will lead to more reliable calls, faster internet services and improved network coverage.
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