Ayoola Babatunde Oke, ICT Legal and regulatory Expert has commended the responsiveness and transparency of the Nigerian Communications Act (NCA) 2003, even as he recommended institutional strengthening.
Oke, former SA-EVC/CEO of NCC and SA to the Minister of Communication Technology, pointed out the provisions of the act appear fair while vesting regulatory powers in Nigerian Communication Commission (NCC), but also imposing obligations on NCC to be judicious and fair and not act arbitrarily in its rule-making and judicial roles.
Speaking at the annual workshop organised by NCC and the National Judicial Insutute (NJI) for judges, with the theme “Developing Telecommunications Law: Jurisprudence and Judicial Precedents- An X-Ray of the Nigerian Communications Act, 2003,” he explained that the act also provided for regulatory professionalism in the constitution of the board of the commission, a governing board that must at all times be made up of all three executive commissioners and three non-executive commissioners to be valid.
Continuing, Oke stated that the act contained mandatory provisions for consultation before policy and regulatory decisions, and provided for NCC to be accountable to stakeholders for its decision so that the decision-making process would be transparent and accountable.
He added that the decisions, were subject to challenges and comprehensive judicial review before being finalized.
“While the powers are subject to judicial review, the procedure set out in Sections 86-87 of the act appears to have found favour with the courts. But the question remains, will the courts ever inquire into the reasoning of NCC beyond just the forms and procedures followed?”
He noted that to further strengthen the concept of separation of powers, the act may make the governing board of the NCC have the exclusive right in the exercise of quasi-judicial powers.