CHAPTER ONE
GENERAL INTRODUCTION
1.1. Background to the Study
The Telecommunications sector has witnessed phenomenal growth following the liberalisation of the industry in 2001. It has been described by many as a revolution that has dramatically changed the face of information and communications technology in Nigeria. The socio-economic impact of this development is unquantifiable; the mobile phone has become the most popular method of voice communications, broadband penetration is on the increase, commercial transactions are concluded on mobile phones without a face to face contact of the contracting parties. It has also enabled the cashless society policy of the Federal Government of Nigeria, while in the health sector; it has advanced health care delivery through telemedicine. This research seeks to assess the adequacy of legal and regulatory regime for protection of consumers of telecommunication services in Nigeria. Also, the research examines the challenges faced by the consumers of telecommunication services and the challenges of enforcing consumer rights in Nigeria.
It will not be an overstatement to say that the telecommunications industry is one of the most regulated sectors of our economy today. Despite this, the consumer of telecommunications services is faced with a lot of challenges. Amongst the challenges is the issue of the Quality of Service which is a key determinant in the relationship between consumers and the operators. This often makes the consumer to lose in the power equation as he often does not get value for his money.
1.2. Statement of the Problem
The fundamental rights to privacy of citizens; their homes, correspondence, telephone conversations and telegraphic communications which are basic consumer rights have been guaranteed by the Constitution of Nigeria.1
The Nigerian Communications Act2does not specifically mention subscribers’ rights, but only refers to them in a broad sense3. Typically, subscribers’ rights and interests cover assurances of quality service (including availability of service), security, privacy, affordability, ease of use, functionalities, ability to connect to subscribers on any other network (interconnection), freedom of choice of operators and service options and transparency4. By the legislation establishing the Nigerian Communications Commission (NCC), its primary responsibility is to safeguard, moderate and regulate the rights of citizens of this nation, to exchange views and information through any of the modern technologies of telecommunication without let, hindrance or exploitation. In seeing to it that the telecommunications consumer is adequately served, it is beholden of the Commission to erect and maintain proper guide posts and regulations to enhance the harmonious co-existence and cooperation of various operators who need to utilize the same air waves to reach their numerous consumers5. This means that whichever way the issue is viewed, whether from the stand point of the Commission or that of the service provider, the delivery of professional and qualitative service to the consumer is uppermost in the scale of priorities.
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APPRAISAL OF THE REGULATORY REGIME FOR PROTECTION OF CONSUMERS OF TELECOMMUNICATIONS SERVICES IN NIGERIA
