Ministerial directive: There we go again, by Okoh Aihe

Just a look at the story, a flash went off in my head. At this age one shouldn’t engage in protest writings or spew out materials that hover on malcontent or, in the extreme, frustration. Or are my thoughts simply just cyclical? I have had to review my writings in the past few years and I can report, very miserably, that they remain nearly on the same spot, dealing with nearly the same issues with progress really very negligible. 

Or how does one comfortably explain the development that, nearly three years into the lifespan of the President Bola Ahmed Tinubu administration, Dr Bosun Tijani, the Minister of Communications, Innovation and Digital Economy, is directing the Nigerian Communications Commission, NCC, on how to regulate the telecommunications industry and actions to punish expeditiously where necessary. 

This information is contained in a January 8, 2026, memo addressed to Dr Aminu Maida, EVC, by the Minister, titled: ‘Strengthening Regulatory Oversight for Quality-of-Service Compliance and Elevating Consumer Experience in Nigeria’s Telecommunications Sector’.

There is nothing wrong with the Minister expressing concerns about developments in the industry and seeking ways to mitigate his worries, but there is everything wrong with the opening line of that memo if you place it side by side with the Nigerian Communications Act 2003. 

The memo personally signed by Dr Tijani says in the opening paragraph, “I hereby formally direct the Nigerian Communications Commission, NCC, in the exercise of its statutory mandate, to intensify regulatory measures targeted at enhancing quality of service and elevating overall consumer experience across the telecommunications sector.”

While the Minister acknowledged ongoing efforts by the Commission to monitor and improve quality of service, but which have still left subscribers with persistent public dissatisfaction, he pointed out that “this administration has prioritized significant investments in digital infrastructure and supported policy reforms to restore sector sustainability, it is imperative that these efforts translate into measurable improvements in service quality for Nigerian consumers.”

Dr Tijani therefore placed his demands and further directed the NCC to take some actions within a 90-day framework, with clear milestones and public reporting. 

For instance, part of his demands, among many others, are as follows: Publish operator-specific Quality of Service scorecards on a quarterly basis, covering key indicators, including call completion rates, dropped calls, average data speeds relative to advertised speeds, network availability, and complaint resolution performance; Apply automatic and progressive sanctions for repeated QoS breaches, reducing reliance on discretionary enforcement; and Where necessary, apply regulatory escalation measures, including restrictions on expansion approvals or other or incentives, for chronic non-compliance. 

The Commission was further directed to submit a status update within 30 days. 

The NCC is well able to respond to their Minister. But here is my question: what is happening between the telecom regulator and the ministry?

Few days later the NCC made a presentation of the Q4 2025 Network Performance Report, where EVC Maida, said: ‘’Today’s engagement reflects our commitment to transparent, data-driven regulation and the continuous improvement of Nigeria’s digital ecosystem. Through our collaboration with Ookla, we are providing independent insights into real-world network performance and the lived experience of Nigerians across cities, rural communities, highways, and emerging 5G zones. It is in this context that we have released the Q4 2025 Network Performance Report.”

Some of the topics addressed at the presentation include: Connectivity on the Move – Major Roads Network Report; Network Performance and 5G Reality Report; and Consumer Insights and Industry Trends. 

There was another document for the media: Q3 and Q4 2025 Quality of Experience Industry Performance: Comparative Analysis. 

This was no response to the Minister but a sequel to the first version which held in October last year. Looking at the information available from the presentation, the earlier one from October last year, and other sundry developments and activities at the Commission,  it means that the regulator has enough information to respond to the supervising minister. Almost all information requested and directed for action to be taken, will be more than served.

For instance, on National Coverage Map which it introduced last year, there is a particular information which states: ‘’The Commission has introduced a crowd-sourced National Coverage Map designed to enable members of the public to assess and compare operator performance across different geographic locations in Nigeria. The Coverage Map draws on anonymised, real-user performance data and is refreshed on a near real-time basis, providing consumers and stakeholders with an objective view of network availability and performance nationwide.’’

Here is my first observation. The Minister didn’t need to give a directive; all he needed to have done was to call for a ministerial briefing and every information would be on his table. He is the boss and doesn’t need to wear it on his lapel. 

Giving directives to the regulator means that he was exercising powers he didn’t have, at least, as per the Nigerian Communications Act 2003, which clearly restricts the Minister and his ministry to only policy matters. 

Let me lift a few relevant sections of the Acts as follows: The Minister shall have the following responsibilities and functions pursuant to this Act – the formation, determination and monitoring, of the policy for the communications sector in Nigeria with a view to ensuring, amongst others, the utilization of the sector as a platform for the economic and social development of Nigeria – Section 23(a); the Minister shall, in writing, from time to time notify the Commission of and express his views on the general policy direction of the Federal Government in respect of the communications sector – Section 25(1); and In the execution of his functions and relationship with the Commission, the Minister shall at all times ensure that the independence of the Commission, in regard to the discharge of its functions and operations under this Act, is protected and not compromised in any manner whatsoever –  Section 5(2).

Nothing communicated above mandates the Minister to give directives to the regulator, instead the Act directs the Minister to guaranty the freedom of the regulator. 

Anything outside of the Act, like the directive given in the Minister’s memo, is regulatory capture which is toxic to the regulator and the industry, and even the subscribers who the Minister innocently wants to protect in the wrong way.

Let me also admit that the Minister’s memo has a place in antecedent. Under the Muhammadu Buhari administration, his predecessor, Dr Isa Pantami subjected NCC to the most unconscionable regulatory capture this nation has ever witnessed. His impertinent meddlesomeness dug the NCC into a hole, from which it has been trying to claw its way back ever since. Dr Tijani doesn’t have to go that route of infamy.

Now I understand. Under two EVCs, Ernest Ndukwe and Dr Eugene Juwah (may God continue to keep him), when a Minister was appointed, the Commission would send a technical person to onboard and bring him to a tolerable understanding of the telecommunications industry, irrespective of his background, track record or even a chain of degrees. The simple reason being that industry practice is different from theory.

The Buhari administration destroyed all that working relationship by appointing a Minister with hubris so much bigger than Zuma Rock. The industry is still labouring under the wait. Dr Tijani can do something different. I believe in his ability to perform. He should not disappoint those looking up to him to do much more for the telecom industry with his policies. There is yet so much time for the regulator and the ministry to work together. 

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