Can You Hear Me Now? Addressing The Legal And Regulatory Challenges Of Telecom Service Failures In Nigeria

ABSTRACT

Reliable telecommunication services are essential in today's connected world, yet Nigeria faces persistent service failures, including dropped calls, poor network quality, and broadband issues. These disruptions impact communication, business, and essential services. The legal and regulatory challenges in addressing these failures are compounded by weak frameworks, deteriorating infrastructure, and inconsistent policy implementation. This article explores the perspectives of consumers, policymakers, and industry stakeholders, highlighting the challenges and potential solutions in improving Nigeria's telecom sector, with a focus on the recent 2024 Quality of Service (QoS) Regulations and the 2024 Consumer Code of Practice Regulations by the Nigerian Communications Commission (NCC), which together mark a significant step forward in addressing these issues.

INTRODUCTION

In an increasingly connected world, reliable telecom services have become the backbone of modern life. Yet, in Nigeria, the frustrated cry of consumers — "Can you hear me now?" — has become a familiar refrain. Persistent service failures ranging from dropped calls and poor network quality to chronic broadband issues continue to disrupt daily communications, stagnate business operations, and jeopardize essential services like healthcare and education. While consumers feel the brunt of these disruptions, policymakers struggle with weak regulatory frameworks, and industry players are hindered by deteriorating infrastructure and inconsistent policy implementation.¹

Recognizing these persistent challenges, the NCC released two landmark regulatory instruments in 2024: the Quality of Service Regulations and the Consumer Code of Practice Regulations. The former establishes clear, enforceable standards for service delivery and network performance, while the latter strengthens consumer protection by mandating individualized consumer codes, transparency, and timely communication. Together, these regulations provide a foundational, enforceable and comprehensive blueprint to improving service quality and consumer rights in Nigeria's telecommunications sector.

This article examines the multifaceted legal and regulatory challenges surrounding telecom service failures in Nigeria, drawing on perspectives from consumers, policymakers, and telecom industry executives, as well as insights from the latest Telecom Executives and Regulators Forum.

THE LEGAL AND REGULATORY LANDSCAPE

Nigeria's telecommunications sector is primarily regulated by the Nigerian Communications Act (NCA) of 2003, with the NCC as the regulatory authority, being the Nigerian Communication Commission (NCC). The Act has various subsidiary regulations, some of which include: Enforcement Processes Regulations, Frequency Pricing Regulations, Lawful Interception of Communications Regulations, including the 2024 Quality of Service Regulations and the 2024 Consumer Code of Practice Regulations, which now serve as the primary frameworks for ensuring service reliability and consumer protection.^{2 3}

In addition to the NCC, the Federal Competition and Consumer Protection Commission (FCCPC) plays a significant role in safeguarding consumer interests within the telecom ecosystem. This was recently demonstrated in the FCCPC's intervention during the controversial telecom tariff increase in early 2025.

In January 2025, the NCC approved a 50% increase in telecommunications tariffs, a figure substantially lower than the over 100% increase initially proposed by telecom operators. The FCCPC publicly endorsed the NCC's measured approach, emphasizing that any tariff increase must be accompanied by significant and demonstrable improvements in service quality to protect consumers from exploitative practices. The FCCPC highlighted ongoing consumer concerns such as network congestion, dropped calls, inconsistent internet speeds, unusual data depletion, and poor customer service. It insisted that the tariff adjustment should directly translate into tangible service enhancements, balancing the sustainability needs of operators with robust consumer protection.

Further, the FCCPC and NCC entered into a Memorandum of Understanding (MoU) to jointly oversee the implementation of the tariff adjustment, ensuring transparency, fairness, and accountability. The FCCPC committed to actively monitoring consumer complaints related to the tariff increase and urged consumers to report any unfair practices through its official channels. This intervention underscores the FCCPC's critical role as a consumer watchdog that complements the NCC's regulatory mandate, ensuring that tariff policies do not undermine consumer welfare but rather foster a more equitable and efficient telecommunications sector.⁴

In addition to the Act, several other legal frameworks regulate the telecommunications sector in Nigeria. The Wireless Telegraphy Act (WTA) 1966[2] outlines the regulatory framework for wireless communications, requiring licenses for establishing or using wireless telegraphy stations. Violating this requirement is considered an offense, and the NCC is responsible for granting and renewing these licenses. The National Broadcasting Commission Act (NBC Act) 2004[3] governs the broadcasting sector, with the NBC overseeing the regulation of radio and television stations, including their technical standards and coverage areas. The NBC is empowered to impose sanctions, including the revocation of licenses, and also regulates web and online broadcasting services under the 2020 NBC Code. Additionally, the Cybercrimes (Prohibition and Prevention) Act, 2015, addresses issues of cybercrime, cybersecurity, and the protection of data and privacy within the telecom industry. This legislation creates a regulatory and institutional framework to combat cybercrime and promotes the development of necessary enforcement capacities within Nigeria's law enforcement agencies.

The National Environmental Standards and Regulations Enforcement Agency (NESREA), under the Federal Ministry of Environment, plays a crucial role in regulating the environmental aspects of the telecom industry. NESREA enforces environmental laws related to infrastructure such as telecom masts and base stations, ensuring that operators comply with environmental standards. These regulatory frameworks collectively shape Nigeria's telecom sector by addressing operational, broadcasting, and cybersecurity concerns while also enforcing environmental compliance and, overall, contributing to a more structured and legally guided telecom environment.

Key improvements in the 2024 QoS Regulations include:

• Expanded scope: All holders of individual or class licenses are now covered, not just mobile or fixed telephony providers.
• Clear performance benchmarks: Requirements for service availability, call quality, complaint resolution, and billing integrity.
• Enhanced consumer protection: Faster complaint resolution, mandatory reporting, and reduced time to block lost or stolen SIMs from 30 minutes to 5 minutes.
• Robust enforcement: NCC can impose administrative fines, suspend, or revoke licenses for serious breaches.
• Transparent ranking: The NCC is empowered to publish QoS rankings, increasing accountability.

Key Improvements of the 2024 Consumer Code of Practice regulations include:

• Mandatory Individual Consumer Codes: All licensees must develop and submit an individual Consumer Code of Practice (ICCP) based on the NCC's General Code or on terms not less favourable to consumers.
• Publication and Transparency: Approved ICCPs must be published on licensees' websites, in national newspapers, and on social media within 30 days.
• Timely Consumer Communication: Licensees must respond to consumer requests for information within 96 hours.
• Advertising Controls: Licensees must obtain NCC approval 30 days prior to publishing advertisements.
• Record-Keeping: Consumer billing and complaint records must be retained for at least two years.
• Enforcement: The NCC is empowered to monitor compliance and impose sanctions for breaches.

Together, these regulations provide a comprehensive legal framework that balances service quality standards with enhanced consumer rights and protections.

REGULATORY STRATEGIES AND FRAMEWORK

As Nigeria confronts its telecom service failures, it's essential to consider not just the content of telecom regulation, but the form it takes . Drawing from the work of regulatory scholar Philip J. Weiser, there are four major strategies that governments worldwide use to regulate information industries:

• Command-and-Control Regulation: This traditional model involves a central federal authority (like the NCC) enforcing specific rules and performance standards. The 2024 QoS Regulations reinforce this model by introducing clear minimum benchmarks for network performance, such as call completion rates, data speeds, and complaint resolution timelines, and by empowering the NCC to impose administrative fines for non-compliance. Complementing this, the 2024 Consumer Code mandates that all licensees develop NCC-approved individual consumer codes of practice, ensuring that consumer rights and service commitments are explicitly codified and enforceable.
• Cooperative Federalism or Dual Jurisdiction: Under this framework, federal and state agencies share regulatory responsibilities. Nigeria's telecom sector largely lacks this form of collaboration, with state governments sometimes obstructing infrastructure projects through arbitrary taxes or right-of-way disputes. The new regulations encourage greater transparency and reporting, which can support more effective federal-state cooperation.
• Common Law Development: In more mature legal systems, issues such as competition, consumer rights, and innovation are shaped incrementally by judicial decisions. In Nigeria, the judiciary plays a limited role in shaping telecom regulation due to slow adjudication processes and a lack of telecom-specific jurisprudence. Encouraging strategic litigation and judicial training could foster a more dynamic, precedent-based development of telecom law.
• Self-Regulation Through Industry Codes: Industry-led codes of conduct and standard-setting bodies can be effective, especially in fast-changing sectors like digital services. The 2024 Consumer Code of Practice Regulations institutionalize this approach by requiring licensees to create and publish their own consumer codes based on a general NCC code, thereby embedding self-regulation within a legally binding framework.

Weiser warns against the uncoordinated patchwork adoption of these models, which leads to legal uncertainty and regulatory incoherence. For Nigeria, a deliberate and locally adapted hybrid approach is essential.

THE LEGAL AND REGULATORY CHALLENGES

Nigeria's telecom sector has witnessed rapid growth in recent years, positioning the country as one of the largest telecom markets in Africa⁷. However, despite significant investments and infrastructure development, service failures are common and have wide-ranging implications for the industry. These failures present distinct challenges for consumers, policymakers, and telecom providers, each with unique concerns and responsibilities.

Consumer's Perspective

From the consumer's standpoint, telecom service reliability in Nigeria remains deeply problematic. Users frequently encounter dropped calls, poor signal quality, sluggish internet speeds, and extended network outages. The 2024 QoS Regulations directly address these issues by capping customer complaints, setting a 98% customer satisfaction target, and requiring that over 90% of reported issues be resolved on the same day. Meanwhile, the 2024 Consumer Code ensures consumers have clear, accessible information about their rights and services, with licensees required to respond to inquiries within 96 hours and maintain transparent billing and complaint records for at least two years. These reforms empower consumers with greater protection and recourse, although awareness and enforcement remain ongoing challenges.

Policymaker's Perspective

The NCC, tasked with enforcing service standards, often struggles with limited resources, understaffing, and outdated monitoring tools, which weaken its oversight capacity. However, the new regulations require operators to submit quarterly QoS reports in both electronic and hard copy formats, providing the NCC with more comprehensive data to monitor compliance and target enforcement actions. The Consumer Code's requirements for licensees to develop and publish individual consumer codes, respond promptly to consumer requests, and seek NCC approval for advertisements further strengthen the NCC's regulatory oversight and consumer protection mandate. Administrative fines and the threat of license suspension or revocation provide stronger incentives for compliance.

However, the challenge for the NCC is not merely regulatory; it stems from an inherently conflicting dual mandate, requiring it to simultaneously promote industry investment (which necessitates lower operational burdens) while imposing stringent consumer protection and QoS standards (which often increase costs). Addressing this requires a delicate balance of economic incentives and regulatory muscle; the new regulations lean more to one side than the other, giving the NCC somewhat of a headache in how to manage its responsibilities.

Telecommunication Industry's Perspective

Telecom operators in Nigeria face high infrastructure costs, energy supply issues, and regulatory burdens. At the 2023 Telecom Executives and Regulators Forum (TERF), stakeholders identified key challenges, including poor power supply, regulatory duplication, taxation inconsistencies across states, and a lack of data-driven policy enforcement.⁸ Participants called for harmonization of regulatory oversight and improved consumer engagement. The 2024 QoS Regulations introduce more predictable and transparent standards, which can help operators plan investments and improve service delivery. The Consumer Code of Practice Regulations require operators to formalize their consumer commitments through individualized codes, publish them publicly, and maintain comprehensive records, which may increase compliance costs but also enhance consumer trust and market competitiveness. Compliance will require significant investment in network upgrades and customer service systems, especially to meet new targets for issue resolution and customer satisfaction.

Broader Challenges

The broader challenges affecting Nigeria's telecom sector extend beyond individual stakeholder concerns and include systemic issues that hinder meaningful progress. A critical problem is the lack of broadband infrastructure, particularly in rural areas, which significantly restricts reliable service delivery. This shortfall is exemplified by the failure of Nigeria's National Broadband Plan 2020–2025 to achieve its coverage and penetration targets, which originally aimed for at least 90% nationwide penetration by 2025, underscoring why the new QoS Regulations must focus on improving the reliability of existing 2G, 3G, and 4G platforms. Compounding these issues is limited consumer awareness; many Nigerians are unfamiliar with their legal rights and the mechanisms available for lodging complaints, which in turn undermines their ability to hold service providers accountable. The 2024 QoS Regulations cover 2G, 3G, and 4G networks, aiming to improve reliability across all platforms.⁹

Enforcement remains a challenge, but the new regulations' mandatory reporting, administrative penalties, and the Consumer Code's transparency and consumer engagement requirements are designed to address these gaps. The landmark Helios Tower Ltd. v. Mr. Isiaka Bello & Anor¹⁰ illustrates regulatory shortcomings. The Court of Appeal held that Helios violated NCC guidelines by installing a telecom mast in a residential area without proper community engagement or environmental clearance. This case underscores the importance of regulatory compliance, judicial enforcement, and community rights in telecom development.¹¹

RECOMMENDATIONS

To address the challenges in Nigeria's telecom sector, the following recommendations are made, with reference to the latest regulatory improvements:

1.Strengthen Enforcement and Capacity: The NCC should be further empowered with resources and technical expertise to monitor compliance with the 2024 QoS and Consumer Code Regulations. Regular audits and public QoS rankings will drive accountability.

2.Promote Infrastructure Investment: Incentives for rural deployment and support for public-private partnerships remain critical. The new regulations' clear standards can help de-risk investments.

3.Enhance Consumer Redress: Fast-track dispute resolution and mandatory compensation for prolonged outages, as required by the new regulations, should be strictly enforced. Consumer awareness campaigns are needed to ensure Nigerians know their rights under the new framework.

4.Foster Regulatory Coherence: Building on Weiser's hybrid model, Nigeria should harmonize federal and state roles, streamline regulatory processes, and encourage industry self-regulation within the bounds of the new QoS and Consumer Code standards.

5.Data-Driven Policy: The quarterly reporting mandated by the 2024 regulations should be used to inform policy decisions and identify areas for targeted intervention.

CONCLUSION

The pervasive failure encapsulated by the question, 'Can You Hear Me Now?' reveals that telecom service failures in Nigeria are not merely technical or operational challenges − they are fundamentally a legal and regulatory crisis. The 2024 Quality of Service Regulations and the Consumer Code of Practice Regulations represent major steps forward, providing clear standards, robust enforcement, and enhanced consumer protection. Crucially, however, the efficacy of this legal 'intervention' is contingent upon coordinated government action to resolve the underlying systemic infrastructural and fiscal barriers, such as power supply and taxation. Hence, effective implementation, robust stakeholder collaboration, and ongoing legal reform are prerequisites for the regulations to realize their full potential. Through regulatory innovation and multistakeholder engagement, Nigeria can build a more resilient, accessible, and consumerfriendly telecom sector. Until these doctrinal and institutional gaps are closed, Nigerian consumers will keep asking, and the system may still fail to answer.

Footnotes

1 Michael A. Enahoro, Francis Pol C. Lim and David B. Olawade, 'The Nigerian Telecommunications Industry: The Past, Present And Future' International Journal Of Future Generation Communication And Networking Vol. 14, No. 1 (2021), Pp.45-58 <Dx.Doi.Org/10.33832/Ijfgcn.2021.14.1.05> accessed 4 April, 2025. th

3 Justina Mboho, 'Laws That Govern Telecommunications Sector in Nigeria', Legal & Regulations, <nairametrics.com/category/industries/legal-regulations/> accessed 4 Of April, 2025.

9 Nigerian National Broadband Plan 2020 – 2025 <ncc.gov.ng/media-center/public-notices/new-nigerian-national-broadband-plan-2020- 2025#:~:text=The%20new%20Broadband%20Plan%20is,1%25%20of%20minimum%20wage).> accessed 29 September 2025. th

11 Harlem Solicitors, 'Nigerian Telecommunication Laws: The Isiaka Bello V Helios Towers Case Study' (2020) <www.harlemsolicitors.com/2020/11/08/regulatory-issuesunder-the-nigerian-telecommunications-laws-the-isiaka-bello-v-helios-towers-case-study/> accessed 5 April, 2025.