Why Nigeria’s telecom law needs a 5G/AI era upgrade


Nigeria’s telecommunications framework is struggling to keep up with rapid advances in technology such as Artificial Intelligence (AI), the Internet of Things (IoT), Blockchain, and 5G. In response, stakeholders are urging the National Assembly to expedite the amendment of the Nigerian Communications Act (NCA) 2003.

In a new report, ‘Signal Strength: The Past, Present, and Future of Nigerian Telecom,’ SBM Intelligence stated that the current regulatory framework is outdated and inadequate for today’s digital realities.

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“The NCA 2003, signed into law in July 2003, was a landmark piece of legislation that liberalised the sector and established the NCC as an independent regulator,” SBM noted. “However, after 22 years, the Act is widely regarded as ‘no longer in tune with modern realities.”

Since the law’s enactment, the telecom ecosystem has evolved dramatically, from 2G to 5G and early conversations around 6G, while AI, IoT, and Blockchain technologies have become integral to digital economies. Yet NCA 2003 remains silent on these advancements.

“It does not adequately address emerging technologies such as 5G, Artificial Intelligence (AI), Blockchain, and the Internet of Things (IoT),” SBM said. “The digital sphere is evolving rapidly, presenting a key opportunity to update regulations governing AI, 5G technology, and Over-the-Top (OTT) services.”

The Nigerian Communications Commission (NCC) has already announced plans to revise the NCA, aiming to align the law with current and future innovations. According to Aminu Maida, the NCC’s executive vice chairman, the revised Act will cover emerging technologies, bolster cybersecurity, and support rural connectivity.

“We envision a revised Nigerian Communications Act that not only addresses today’s challenges but anticipates tomorrow’s opportunities, a framework that positions Nigeria as a leader in the global digital economy,” he said.

Beyond technology gaps, the NCA 2003 also fails to address broader issues such as the convergence of telecoms, broadcasting, and IT; the digital divide; high Right of Way (RoW) costs; and multiple taxation. SBM emphasised that the amended law must strengthen the NCC’s independence, improve enforcement, and resolve overlapping regulatory mandates.

“By addressing these areas, the legislature aims to foster a more robust and investment-friendly operating environment for telecommunications companies,” SBM stated.

It added that the amendment must be expedited to create a future-proof, technology-neutral legal framework capable of adapting to rapid technological changes, fostering innovation, and addressing emerging challenges like cybersecurity, data governance, and service convergence.

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The House of Representatives’ review of the Nigerian Communications Act 2003 offers a crucial chance to modernise regulations, tackle challenges, and align with global tech advancements. Successful legislation could ease telcos’ cost pressures, stabilise tariffs, and promote a sustainable digital future for Nigeria.

“The new Act has to encourage measures for promoting innovation, including research and development initiatives, innovation hubs, and partnerships with international organisations,” said Peter Akpatason, chairman, House of Representatives Committee on Communications.

“This is a moment to reassess, recalibrate, and realign Nigeria’s digital future with global best practices,” Maida added.

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