…Regulatory overlap may kill transformative ideas behind bill — ALTON
…$1trn house built on faulty foundation ‘ll collapse — Udotai
…Bill contains inconsistencies that’ll be counterproductive — NATCOMS
By Prince Osuagwu, Hi-Tech Editor
Telecom Operators in the country have cautioned the National Assembly, NASS, to ensure that grey areas which may kill the transformative ideas behind the new National Digital Economy and E-Governance Bill, 2025 are properly aligned before passing it, else it will scare rather than attract investors into the country.
The same sentiment is re-echoed by many other telecom industry stakeholders, including former Secretary to the Office of National Security Adviser, ONSA Mr Basil Udotai, and President, National Association of Telecom Subscribers of Nigeria, NATCOMS, Chief Deolu Ogubanjo.
They expressed serious frustration with alleged policy inconsistencies contained in the new bill.““The telcos’ caution was contained in the position paper of the telcos’ umbrella body, Association of Licensed Telecom Operators of Nigeria, ALTON, presented at the Joint National Assembly committee hearing on the bill, Monday.
Chairman of the association, Engr Gbenga Adebayo while addressing the NASS joint committee, reminded them that what gives investors confidence in a country is when regulatory functions of different regulators are properly defined and clearly separated, but regretting that in the case of the new bill, there is a worrying overlap in functions and activities between the National Information Technology Development Agency, NITDA and the Nigerian Communications Commission, NCC.
Adebayo also stated that the telcos were concerned that the bill tends to override existing sectoral laws instead of complementing them, which is antithetical to principles that build industry and economic growth, anywhere in the world.
Meanwhile, in his LinkedIn page, Udotai, a renowned tech policy expert and founder, Creative Africa seems to agree with Adebayo, and demanded immediate withdrawal and restructure of the bill. He contended that the bill’s central ambition is fatally undermined by unaddressed, fragmented regulatory architecture.
For him, the Bill, despite promising to catalyze a trillion-dollar digital economy, is doomed to inefficiency because it avoids the necessary, hard work of structural reform.
The NATCOMs boss, Ogubanjo, is another person who also does not believe the bill should be passed as presented. “According to him, it contained regulatory inconsistencies that will put pressure on telecom operators and eventually to the subscribers too. ““Earlier in his presentation to the NASS joint session, Adebayo had said: “We commend the sponsors of this Bill for their vision to modernize Nigeria’s digital ecosystem, promote e-governance, and provide a legal foundation for emerging technologies such as Artificial Intelligence (AI).
However, while we acknowledge the transformative intent of the proposed law, there are key areas of concern. They include regulatory overlap: The Bill vests broad powers in the National Information Technology Development Agency (NITDA) that intersect with the statutory mandate of the Nigerian Communications Commission (NCC). To avoid duplication, we recommend a clear delineation which will see NITDA lead on digital policy, e-governance, and standard setting; while NCC retains regulatory oversight on telecommunications networks, infrastructure, and digital services.
Artificial Intelligence Regulation: The provisions on AI should reflect international best practice by distinguishing between policy guidance, to be led by NITDA, and technical regulation, to remain under NCC. “This dual structure, used in the UK, India, and the EU, ensures accountability while encouraging innovation.
Trust Service Providers: Certification and liability frameworks must not impose additional compliance burdens on licensed telecom operators already regulated by the NCC. ALTON recommends that these provisions apply mainly to public-sector digital platforms, not private network operators.
Ministerial Directives and Regulatory Independence: “Section 82 should be reviewed to safeguard institutional independence and align with global standards that separate ministerial policy direction from operational regulation. This will promote investor confidence and regulatory certainty.
Inter-Agency Collaboration: To achieve coherence across Nigeria’s digital landscape, a formal National Digital Cooperation and Interoperability Framework should be embedded in the Bill, enabling NITDA, NCC, Nigeria Data Protection Council, NDPC, and Office of National Security Adviser, ONSA to collaborate effectively and avoid policy fragmentation”.
Adebayo argued that ALTON’s position should be taken seriously based on wide experiences of operators who for many years have been collectively providing the backbone of the nation’s digital connectivity and economic growth.“He contended that his members fully support the objectives of the Bill and the vision for a robust digital economy, but maintained that the bill should complement, and not override existing sectoral laws.
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