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Telecommunication Services in Nigeria: The Available Legal Rights and Remedies to Customers (Subscribers)
In recent years, Nigeria's telecommunications business has developed and expanded greatly, owing to technology breakthroughs and regulatory reforms. However, in addition to these advancements, consumers frequently face issues such as network congestion, call dropouts, and insufficient customer support, all of which weaken service quality and reliability. This article examines the Nigeria's legal framework regulating telecommunications services, as well as the remedies accessible to consumers who have been affected by service failures.
Definition of Concept
Telecommunication
Telecommunication may be defined as any transmission, emission, or receiving of words, signals, images, sounds, or intelligence of any kind through wire, radio, or other means. It includes the transfer of data across vast distances and comprises a number of industries, including fiber, electromagnetic fields, light, cable, and more. Larger organisations provide telecommunication as a crucial system and service that allows information to be exchanged globally by text, speech, audio, or video.
From the development of the electrical telegraph in the 1830s to the present day of mobile networks and high-speed internet access, telecommunication has seen substantial change. The industry comprises wireless communication, telecom equipment, and telecom services. Its main sectors are long-distance carriers, processing systems, wireless communication, and communications equipment. Essentially, telecommunication serves as the basis for the global transmission of data, linking people, organisations, and different communication devices across an intricate network of services and technologies.
Consumer
The Consumer Protection Council Act, CAP C25 Laws of the Federation, 2004 defines a consumer as an individual who purchases, uses, maintains or disposes of products or services.
Consumer Protection is a law that protects customers from unfair trade practices, exploitative and illegal business practices including the activities of manufacturers and service providers. It means safeguarding customers against products and services that are detrimental to their health, life, and property, as well as providing them with access to a variety of goods and services at reasonable costs.
Consumer protection covers a range of consumer rights, obligations, and legal remedies.
Legal Framework on Protection of Consumers of Telecommunication Services
The legislations that protect the interests of consumers of telecommunication services in Nigeria include the Constitution of the Federal Republic of Nigeria 1999 (as amended), Nigerian Communications Commission Act, Telecommunications and Postal Offences Act, Wireless Telegraphy Act, Consumer Protection Council Act, and Standards Organization of Nigeria Act.
The Constitution of the Federal Republic of Nigeria 1999 (as amended): Section 37 of the 1999 Constitution makes provisions for the protection of privacy for citizens, their homes, correspondences, telephone conversations, and telegraphic communications.
The Nigerian Communications Act, 2023: The Act establishes a framework for the administration and regulation of the communications industry and grants the NCC broad discretionary rule-making powers for effective monitoring.
It covers licensing, competition policy, quality service, interconnection, scarce resource management, infrastructure sharing, universal service, tariff regulation, penalties, sanctions, and dispute resolution in the telecom industry.
The Act highlights the importance of consumer protection, efficient market behavior, and the growth of Nigeria's telecommunications capabilities.
Federal Competition and Consumer Protection Act: The Act protects consumer rights by providing remedies for misleading assurances, unfair trade practices, and fraud.
The Telecommunications and Postal Offences Act, 1995: The Act addresses offences and punishments for acts against telecommunications and postal services. It also addresses other relevant issues. Some of them are directly related to consumer protection for telecommunications services, tampering with wireless cables, diversion of telephone lines, fraud-related offenses, obtaining telecommunications services by fraud, impersonation, touting, aiding and abetting commission of offense, etc.
Wireless Telegraphy Act: The Act that governs wireless telegraphy, licenses, and consumer protection in telecommunications services. Section 9 of the Act stipulates that the NCC, with the Minister's approval, may make regulations to protect the secrecy of wireless telegraphic communications. Section 10 of the Act addresses misleading message interception and disclosure of messages.
The Standards Organisation of Nigeria Act of 2004: This Act plays a critical role in consumer protection by ensuring products meet specified quality and safety standards before they are allowed into the market.
The Act creates the Standards Organisation of Nigeria (SON) as the governing body in charge of standardizing and regulating goods in Nigeria.
The Act authorises the SON to regulate products, certify compliance with standards, and take action against producers or marketers of substandard commodities, thus protecting consumers' interests.
Rights of Telecommunication Consumers
The rights of telecommunication consumers in Nigeria contained in several legislations include but not limited to the following.
Right to Quality Services: The Nigerian Communications Act and Quality of Service Regulations ensure that telecom operators maintain high-quality communication services while protecting consumers from unfair activities.
Right to Fair Charges and Accurate Billing: To promote transparency and fairness, telecom providers must adhere to billing standards, itemize charges, and issue bills on time.
Right to Privacy and Protection of Personal Information: Regulations demand confidentiality of customer information and prohibit unsolicited telemarketing.
Right to Protection from Unfair Practices: Consumers are protected from unfair practices by telecom companies, such as poor service quality, erroneous billing, and unsolicited messages by the Nigerian Communications Act, 2023 and Consumer Code of Practice Regulations 2007.
Right to Safety: The Right to Safety legislation promotes product/service quality and safety through consumer education programs. It seeks to deliver services that do not endanger clients' health or society well-being. Consumers should be cautioned of dangerous radiation, odorless or deadly gasses, and associated health hazards.
Rights to Information and Consumer Education: Consumers have the right to accurate and timely information about services, pricing, and billing from their telecom providers. The right to information enables customers to make informed decisions based on their needs and preferences. It also guarantees that customers are educated on the environmental, social, and economic consequences of their decisions. This involves truth in marketing, price, product labeling, disclosure of interest rates, and discounts. Consumers should be able to appreciate their purchases.
Right to Choose: Consumers have the right to choose from a variety of goods and services at reasonable costs, protecting them from monopolistic tendencies and market practices. This includes the right to expect good quality and service at reasonable prices, ensuring basic goods and services are available.
Right to Redress: Consumer rights include the right to express grievances, infringements, and violations, as well as the right to fair resolution and refunds for misrepresentation, defective goods, or poor service.
Remedies Available to Telecommunications Consumers
In Nigeria, the remedies available to telecommunication consumers include:
Author: Adeola Oyinlade & Co.
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- Alternative Dispute Resolution Method (Resolving Disputes with Service Provider)
- Statutory Remedies
- Civil Remedies
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- Consumers should file a complaint with the service provider and follow their complaint handling procedures.
- If a consumer's issue is disregarded or not resolved satisfactorily, the consumers should lodge the complaint with the Nigerian Communications Commission.
- The Commission can order licensees or service providers to pay compensation to consumers and provide guidance on compliance with the Nigerian Communications Act and its subsidiary legislation.
Author: Adeola Oyinlade & Co.