A Look at the Legal Remedies Available to Consumers

INTRODUCTION

Telecommunication is a vital engine for the development of any economy. It is an essential infrastructural component that promotes the development of other sectors including agriculture, education, industry, health, banking, defence, transportation, and tourism. It also reduces the risks and rigours of travel. To this end, the availability of a functional and efficient telecommunications infrastructure is a sine qua non for any country that wants to compete in today’s global economy^[1]. Since the inception of telecommunications development in Nigeria, the system has progressed through various stages of development from the primitive communications equipment in its colonial days to the enormous variety of technologies available today.

OVERVIEW OF THE HISTORY OF THE NIGERIA TELECOMMUNICATION SECTOR

The development of telecommunications in Nigeria began in 1886 when a cable connection was established between Lagos and the colonial office in London. By 1893, government offices in Lagos were provided with telephone service. In 1923, the first commercial trunk telephone services between Itu and Calabar were established.

During the second decade, after independence, that is 1970–1980, efforts were concentrated on the reconstruction and rehabilitation of the telephone equipment and other infrastructure damaged during the civil war. During this period, the telecommunications arm of the Department of Posts and Telecommunication was merged with the Nigerian External Telecommunications (NET) to form in 1985 the Nigerian Telecommunications Limited (NITEL). The groundwork and effort to deregulate and liberalize the sector commenced with the promulgation of the first Nigerian Communications   Act^[2] In November 1992, efforts were made to liberalize the Nigerian communications sector through the inauguration of the first board of the Nigerian Communications Commission (NCC) in 1993. However, these efforts faced limitations as the law still allowed NITEL to maintain its monopoly over wireline systems, long-distance transmission, and international gateway services, retaining its status as the sole national carrier. Additionally, during the first seven years of its existence, the NCC lacked the necessary freedom and authority to effectively carry out its functions due to the military government in power. The regulatory body lacked autonomy and resources, making the market unpredictable for potential investors.

Consumers faced significant challenges in receiving adequate telecommunication services due to the inefficiencies of NITEL, the government-owned operator at that time. The waiting time for a NITEL connection was as long as two years, with over 10 million people on the waiting list in 1999^[3]. With the deregulation of the telecommunications sector in 2002, the sector has remained one of the fastest-growing sectors of the Nigerian economy. Deregulation and the introduction of the Global System for Mobile Communications (GSM) have revolutionized telecommunications in the country. The consequent expansion of the industry and its consumer base has been followed by consumer complaints in various forms. The Nigerian Communications Act, which regulates the telecommunications industry, established the Nigerian Communications Commission and provides for licensing of operators, quality of services and dispute resolution in the industry.

WHO IS A CONSUMER?

A consumer is “any person who purchases or is supplied goods, or Users of Consumers goods and services at the end of a chain of production”^[4]. The consumer could also be “any person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any User of such goods other than the person who buys such goods for consideration paid or promised, or under any system of deferred payment when such is made with the approval of such person but does not include a person who obtains such goods for resale or for any commercial purpose^[5]”.

COMMON ISSUES FACED BY CONSUMERS IN THE NIGERIAN TELECOMMUNICATIONS SECTOR

Substandard products and services in Nigeria’s telecom sector pose a crucial problem, with issues like poor network coverage, incorrect billing, and unwanted messages bothering consumers. The government acknowledges these challenges and has implemented laws to penalize service providers for offences, theoretically safeguarding consumer interests. Despite these efforts, gaps in consumer protection persist in certain areas of the industry.^[6]

Consumers face a disadvantage in their interactions with service providers due to unequal bargaining power. Service providers control vital information, resources, and technical expertise, worsening this inequality. Despite the Nigerian Communications Act, problems like unsolicited calls, cloning, and cramming persist, leaving consumers vulnerable as the law hasn’t adequately resolved these issues.

RIGHTS OF TELECOMMUNICATION CONSUMERS UNDER VARIOUS ENABLING LAWS

Protection Offered to the Consumer under the 1999 Constitution

The first point of call for the Rights of Consumers in Nigeria is the Nigerian Legal Jurisprudence. The 1999 Constitution as amended provides the following protection for the consumer:

Section 37 provides protection of privacy for citizens, their homes, correspondences, telephone conversations, and telegraphic communication^[7].

By the Constitution, the individual’s right to privacy is sacrosanct; it can only be fettered by laws made by democratically enabled public authorities in the interest of national security; public safety; or economic well-being of the country; for the prevention of disorder or crime; for the protection of the rights and freedom of others. This exception is explicitly stated in Section 45(1)(a)(b) of the Constitution as follows: “Nothing in Section 37, 38, 39, 40 and 41 of this Constitution shall invalidate any laws reasonably justifiable in a democratic society:

1. In the interest of defence, public safety, public order, public morality or health, or
2. For the purpose of protecting the rights and freedom of other persons. It is obvious from the above-quoted Section that the right to privacy is not absolute.

In order to make other consumer rights a reality, Section 6(4) (a) of the Constitution empowers the National Assembly to establish courts as exigencies may demand. It is believed that such courts will no doubt apply the provision of the Act more fully than the generalized courts such as the High Court do.

Protection Offered to the Consumer under Various Legislation/Laws

Many laws are relevant in protecting consumers’ rights in the telecommunication sector:

• Consumer Code of Practice Regulations 2007 (CCPR 2007),
• Quality Service Regulations, 2013
• NCC (Registration of Telephone Subscribers) Regulations, 2011 Etc.

These laws provide for these rights, with a few stated below;

1. Right to Information

Every subscriber is entitled to certain basic information relating to the product or service that they want to purchase.  Paragraph 6(1) of the Code of Practice Regulations 2007 (CCPR 2007) provides that licensees shall provide consumers with information on their services that is complete, accurate, and up-to-date and in simple, clear language. Licensees are urged to “endeavour to respond promptly to consumers’ requests for information on their services^[8].

1. Right to Quality Service

Provision has been made for consumer protection and quality of services^[9]. NCC has made and published the Quality of Services Regulations 2013 (QSR) to ensure the protection and promotion of the interests of consumers against unfair practices including matters relating to tariffs and charges, the availability and quality of communications services, equipment, and facilities; improve and maintain high-level service quality, and provide that will help customers make an informed choice of services and service provider.

III Right to Fair Charges and Accurate Billing

Paragraphs 21 – 27^[10] of the Code make detailed provisions relating to billing, charging, credit, and collection practice. Among other things, a licensee shall at all times endeavour to ensure that billing is accurate, timely, and verifiable, and that sufficient information shall be on the bill or otherwise readily available to the consumer for verification of the bill without any charge.

IV Right to Privacy and Protection of Personal Information

The Code makes elaborate provisions for privacy, fair use of consumer information, and confidentiality.  Any licensee that collects information on individual consumers shall adopt and implement a policy regarding the proper collection, use, and protection of that information^[11].

Federal Competition and Consumer Protection Act 2019

The FCCP Act introduced significant changes to Nigerian law including the repeal of the Consumer Protection Act, 2003.  It also established the Federal Competition and Consumer Protection Commission (the “Commission”), which has the responsibility of initiating broad-based policies, advising the Federal Government on national policies relating to competition and consumer protection, performing adjudicatory roles, eliminating anti-competition agreements, enforcing provisions of the FCCP Act and rules and regulations made under the FCCP Act. In addition, a Competition and Consumer Protection Tribunal (the “Tribunal”), is established and is conferred with the jurisdiction to:

1. hear appeals from or review any decision of the Commission taken in the course of the implementation of any provisions of the FCCP Act;
2. hear appeals from or review any decision from the exercise of powers of any sector-specific regulatory authority in a regulated industry with respect to competition and consumer protection matters; and
3. issue orders and make rulings as may be necessary for the performance of its functions under the FCCP Act^[12].

CHANNELS OF REDRESS FOR THE CONSUMER OF TELECOMMUNICATIONS SERVICES

It has been argued that the redress procedure under the Nigerian Communications Act and its subsidiary legislation does not constitute a bar to other avenues of redress through the courts or other regulatory agencies. The following steps are therefore recommended for consumers who have suffered loss or damage to access the remedies available under the law in the telecommunications industry.

1. First, the consumer should lodge a complaint with the service provider and then follow and exhaust the complaints handling procedure of the service provider.
2. In the event that the consumer’s complaint is ignored or not resolved to his or her satisfaction, such a consumer should report to the Nigerian Communications Commission (NCC).
3. The Commission can instruct licensees or service providers to compensate consumers when necessary. It also has the authority to give directions to ensure compliance with license conditions, the Nigerian Communications Act, and related laws.

Consumer complaints are received through letters, emails, physical visits to the Commission’s offices, Telecom Consumer Parliament (TCP), and Consumer Outreach Programmes (COP) organized by the Commission. In the advent that this is not followed the consumer can further seek redress in the court, by following the laid down principles.

Furthermore, On September 27, 2019, at the NCC day held at the Abuja International Trade Fair., the NCC Chief Executive while addressing the need for service providers to provide quality service or get sanctioned, advised consumers to call the toll-free number 622 to report unresolved complaints with their service providers. Using the Do-Not-Disturb (DND) 2442 Short Code was encouraged to manage unsolicited messages. Consumers were urged to utilize NCC’s resources for redress, emphasizing proactive use of available facilities rather than mere complaints^[13].

RECOMMENDATION:

Based on the issues highlighted, it is recommended that consumers be made more aware of their rights and the existing legal avenues for redress. Continuous public awareness campaigns should be conducted to educate consumers about their rights under the Nigerian Communications Act and related laws.

Additionally, it is crucial for regulatory authorities, especially the Nigerian Communications Commission (NCC), to continue their efforts in enforcing consumer protection laws and regulations. The NCC should enhance its complaint resolution mechanisms, ensuring that consumer complaints are addressed in a timely and effective manner.

Furthermore, the government and regulatory bodies should collaborate with telecommunication service providers to improve the quality of services.

There should be continuous review and improvement of existing consumer protection laws and regulations to address emerging challenges in the rapidly evolving telecommunications industry. Regular assessments and updates of these laws will ensure that they remain relevant and effective in safeguarding the rights and interests of consumers.Top of Form

CONCLUSION:

The evolution of Nigeria’s telecommunications sector has been significant, transforming the country’s communication landscape and enhancing its global competitiveness. However, challenges persist, especially concerning consumer rights and protection. While existing laws, such as the Nigerian Communications Act and related regulations, provide a framework for safeguarding consumers, there is a need for increased public awareness and stricter enforcement and strengthening regulatory mechanisms. Empowering consumers with knowledge about their rights and ensuring that these rights are effectively upheld will be instrumental in fostering a transparent, fair, and consumer-friendly telecommunications environment in Nigeria.

1. (Legal Protection Of Consumers Of Telecommunication Services In Nigeria) https://www.projectreserve.com/2020/01/legal-protection-of-consumers-of-telecommunication-services-in-nigeria.html accessed 20 October 2023. ↑
2.  Cap. N 97 LFN 2010. ↑
3. E C A Ndukwe ‘Africa and the Challenge of Next-Generation Networks A Presentation at Next Generation Forum at Posted: 2006-10-24 ↑
4. Akomolede, T.I. and Oladele, P.O., in European Journal of Business and Management: ISSN 2222-1905 (paper) ISSN 2222-2839, 2006 (Online) Vol. 4, No. 10, 2012. Available at www.iiste.org accessed on the 4th September, 2014. ↑
5. Ibid. ↑
6. E C A Ndukwe Ibid ↑
7. See also Article 17(1) of the International Covenant on Civil and Political Rights, 1966, Article 12 of the Universal Declaration of Human Rights 1948 ↑
8. O. G. CHUKKOL ‘RIGHTS OF CONSUMERS/SUBSCRIBERS OF TELECOMMUNICATIONS SERVICES IN NIGERIA” AT A WEBINAR ORGANIZED BY ATTORNEYS CHAMBERS, FACULTY OF LAW, ABU, ZARIA ON THE 23RD OF MARCH, 2020 ↑
9. Part VII of the NCA (sections 104 to 106) ↑
10. Consumer Code of Practice Regulations 2007 (CCPR 2007) ↑
11. Ibid. ↑
12. OLUBUNMI FAYOKUN, UCHE NWOKOCHA, OGHOGHO MAKINDE AND OLUDARE SENBORE ‘A Review of the Federal Competition and Consumer Protection Act 2019, https://www.aluko oyebode.com/insights/review-of-the-federal-competition-and-consumer-protection-act-2019/ accessed 20 October 2023. ↑
13. Provide Acceptable Quality of Service or Get Sanctioned, NCC Warns Service Providers (2019)Post by NCC https://web.facebook.com/nigerian.communications.commission/posts/2533000916781138/?paipv=0&eav=AfatmW9yLbO9ImvmJnBiVr59pwN6C60ya1jvNoGY-RiMamzWVtt-PJrZhtbxvAXGYtk&_rdc=1&_rdr accessed 20 October 2023. ↑