Telcos Sue NASS, Seek Judicial Interpretation of Oversight Functions

Disturbed about the frequent summons received from different
committees of the National Assembly (NASS), which negatively impact
on the ability of the Chief Executive Officers (CEOs) of telecoms
operators (Telcos), to focus on their operations, the telcos, under
the aegis of the Association of Licensed Telecommunications
Operators of Nigeria (ALTON), have dragged the NASS members to
court. In the suit, the CEOs are seeking judicial interpretation of
the oversight functions of the lawmakers on telecommunications
operations.

Chairman of ALTON, Gbenga Adebayo, who made the disclosure at
the weekend in Lagos, said they were compelled to approach the
court, after several dialogues with the National Assembly members
failed. According to him, telecoms operators have engaged with the
lawmakers severally to make them understand that the frequent
summons by its various committee members are distorting the
workflow of the CEOs, who are being summoned to discuss the same
issue that other committee members had hitherto summoned them for,
and the committee member had always refused to listen to them.
Adebayo said the incessant summons by the committees indicate the
overlapping functions of the different committees, which he said
must be addressed in the law court.

“The NASS’ insistence on attendance of CEOs at such session is
without consideration of these CEOs reasonable schedule conflict or
the fact that other senior management staff may be better versed
and suited due to the nature of their job roles vis-a-vis the
subject matter of investigation,” Adebayo said.

ALTON, at its general meeting held on Friday, 20th October,
2017, resolved to seek judicial interpretation of the oversight
functions of the members of NASS on telecoms operations. Based on
the outcome of the meeting, ALTON engaged the services of a law
firm, which eventually filed a case at the Federal High Court in
Abuja to challenge the powers of the lawmakers over telecoms
operations in the county.

Citing duplication of efforts by the Committees, ALTON said its
members were summoned by both the Standing Committee on Telecoms
and the Ad-hoc Committee on Operational activities of Telecoms
Equipment and Service Providers, both investigating loss of revenue
to the federal government. The committee on telecoms is also
investigating loss of jobs, which the committee on labour had also
summoned its members in respect of.

The Committee on Telecoms also served summons for investigation
by its Adhoc Committee for Value Added Services and Committee
investigating locally manufactured skills.

According to Adebayo, some of the requested information border
on information within the purview of specific government agencies
which the NASS could easily request the agencies to provide, such
information as evidence of tax remittances to government since
inception of members operations, which could date as far back as
sixteen years; or confidential information which members should not
be obliged to provide.

ALTON has therefore asked for the court to determine the extent
of the NASS’ oversight functions as it relates to private companies
and particularly, telecommunications companies being private
companies; the specific nature of information which the NASS can
lawfully request from private companies including
telecommunications companies, and whether it includes companies’
confidential information and information within the purview of
government agencies; specific nature of directives that can be made
by NASS pursuant to the outcome of their investigative activities.
ALTON is also seeking for an order restraining the NASS from
serving any further summons on telecommunication companies, pending
the determination of the action.

Disturbed about the frequent summons received from different
committees of the National Assembly (NASS), which negatively impact
on the ability of the Chief Executive Officers (CEOs) of telecoms
operators (Telcos), to focus on their operations, the telcos, under
the aegis of the Association of Licensed Telecommunications
Operators of Nigeria (ALTON), have dragged the NASS members to
court. In the suit, the CEOs are seeking judicial interpretation of
the oversight functions of the lawmakers on telecommunications
operations.

Chairman of ALTON, Gbenga Adebayo, who made the disclosure at
the weekend in Lagos, said they were compelled to approach the
court, after several dialogues with the National Assembly members
failed. According to him, telecoms operators have engaged with the
lawmakers severally to make them understand that the frequent
summons by its various committee members are distorting the
workflow of the CEOs, who are being summoned to discuss the same
issue that other committee members had hitherto summoned them for,
and the committee member had always refused to listen to them.
Adebayo said the incessant summons by the committees indicate the
overlapping functions of the different committees, which he said
must be addressed in the law court.

“The NASS’ insistence on attendance of CEOs at such session is
without consideration of these CEOs reasonable schedule conflict or
the fact that other senior management staff may be better versed
and suited due to the nature of their job roles vis-a-vis the
subject matter of investigation,” Adebayo said.

ALTON, at its general meeting held on Friday, 20th October,
2017, resolved to seek judicial interpretation of the oversight
functions of the members of NASS on telecoms operations. Based on
the outcome of the meeting, ALTON engaged the services of a law
firm, which eventually filed a case at the Federal High Court in
Abuja to challenge the powers of the lawmakers over telecoms
operations in the county.

Citing duplication of efforts by the Committees, ALTON said its
members were summoned by both the Standing Committee on Telecoms
and the Ad-hoc Committee on Operational activities of Telecoms
Equipment and Service Providers, both investigating loss of revenue
to the federal government. The committee on telecoms is also
investigating loss of jobs, which the committee on labour had also
summoned its members in respect of.

The Committee on Telecoms also served summons for investigation
by its Adhoc Committee for Value Added Services and Committee
investigating locally manufactured skills.

According to Adebayo, some of the requested information border
on information within the purview of specific government agencies
which the NASS could easily request the agencies to provide, such
information as evidence of tax remittances to government since
inception of members operations, which could date as far back as
sixteen years; or confidential information which members should not
be obliged to provide.

ALTON has therefore asked for the court to determine the extent
of the NASS’ oversight functions as it relates to private companies
and particularly, telecommunications companies being private
companies; the specific nature of information which the NASS can
lawfully request from private companies including
telecommunications companies, and whether it includes companies’
confidential information and information within the purview of
government agencies; specific nature of directives that can be made
by NASS pursuant to the outcome of their investigative activities.
ALTON is also seeking for an order restraining the NASS from
serving any further summons on telecommunication companies, pending
the determination of the action.