Details Emerge As Lawyers Question Reps’ Powers, Cite Pending Suit In Telecom CEOs’ Summons

Lawyers have questioned the constitutional scope of the House of Representatives’ summons to telecommunications company chief executives over poor service quality, arguing that the National Assembly must distinguish its legislative oversight responsibilities from the regulatory powers of the Nigerian Communications Commission (NCC).

Their concerns followed the House ad hoc committee investigating poor telecommunications services, chaired by Olumide Osoba, which on Wednesday, October 28, renewed its invitation to the chief executives after rejecting an attempt by the Association of Licensed Telecommunications Operators of Nigeria (ALTON) chairman, Gbenga Adebayo, to represent them.

The committee gave the executives a fresh deadline of November 4 to appear, warning that arrest could follow if they failed to comply.

While talks of persistent dropped calls, slow data speeds and service interruptions have generated public interest, lawyers say the legal basis and scope of the investigation deserve scrutiny, particularly with a related suit reportedly filed by ALTON still pending.

Lawyer Sesan Bankole argued that Section 88 of the 1999 Constitution does not give the National Assembly unrestricted powers to investigate private commercial activities simply because they affect the public.

“Any investigation that goes beyond making laws or exposing corruption in the management of budgeted public funds is invalid,” Bankole stated.

He maintained that telecommunications service quality falls principally within the regulatory remit of the NCC, established under the Nigerian Communications Act 2003.

“And they can’t regulate or impose fine; that is the work of the regulator, which is the NCC,” he insisted.

Bankole also questioned the insistence that the chief executives must personally attend, arguing that a company, as a legal entity, could appoint an authorised representative.

“By the Companies and Allied Matters Act, a telecom is a legal entity that can be represented by any such person appointed by the legal entity,” he said.

He further described the invitation as sub judice because of the pending legal challenge.

Lawyer and public policy commentator Ilemona Onoja has similarly questioned whether Section 88 provides a general basis for investigating private telecommunications operators over service complaints that fall within the regulator’s jurisdiction.

Rather than concentrating principally on compelling executives to attend hearings, Onoja said lawmakers could address the structural challenges affecting network expansion and service delivery.

These include fibre-optic cable vandalism, multiple taxation and inconsistent right-of-way charges imposed on operators by different levels of government.

Addressing such obstacles, he argued, would help create an enabling environment for investment and improve telecommunications services.

The development comes against the backdrop of infrastructure challenges and huge investment in the sector.

Nigerian Communications Commission quality-of-experience data recorded 44,678 fibre-related incidents between January and September 2026.

The reported causes included cable degradation, vandalism and connection problems, alongside damage associated with road construction and other civil works.
Cable degradation accounted for 17,462 incidents, vandalism for 9,283 and connection problems for 9,008.

In August, the NCC raised concerns about more than 5,000 fibre cuts recorded during the first half of the year, linked to road construction, excavation and related civil works.

Such damage disrupt the fibre links carrying traffic between network sites, affecting voice calls and data services.

Operators also face difficulties accessing infrastructure because of insecurity. Industry figures for January to September recorded 23,954 cases of denied access to telecommunications infrastructure, 17,482 of which were linked to insecurity.

Another 3,732 theft incidents involved items including cables, diesel, batteries and generators.

Telecommunications operators and tower companies reportedly invested about ₦2.53 trillion in 2025, with a further ₦1.86 trillion earmarked for 2026.

MTN Nigeria reported capital expenditure of ₦620.5 billion in the first half of 2026 and has deployed more than ₦1.62 trillion in network infrastructure since January 2025.

The NCC has reported more than 6,500 network interventions in 2026, including equipment upgrades, new sites and capacity expansion.

It also said about 75 million subscribers had received compensation for poor service, while nearly three million received refunds for failed airtime and data transactions.

Its compensation framework, which took effect in April 2026, provides for automatic airtime credits to eligible subscribers in areas where operators fail to meet prescribed quality-of-service benchmarks.

Compensation does not preclude regulatory penalties in cases of serious or repeated non-compliance.

“The House inquiry therefore raises questions about how legislative scrutiny is duplicating the regulator’s work, ” sources say.

Lawmakers can examine whether existing laws adequately protect critical telecommunications infrastructure, whether government agencies coordinate road construction with fibre deployment, and how multiple charges affect the cost of expanding networks, they can’t takeover the NCC’s primary responsibilities of monitoring and enforcement of service-quality standards lawyers insist.

Observers say the November 4, 2026, hearing test the rule of law, but its lasting value will depend on whether the process identifies responsibilities, addresses structural obstacles and produces measurable improvements.