The International Telecommunications Union (ITU) has advised the Nigerian government to streamline the regulatory roles of the Nigerian Communications Commission (NCC) and the National Information Technology Development Agency (NITDA) to address multiple regulations in the digital space.
The global telecom body stated this in its report on Nigeria titled, ‘Collaborative Regulation: Accelerating Nigeria’s Digital Transformation’, which was recently launched in Abuja.
According to the report, areas of overlapping functions of the two agencies include responsibility for developing sector-specific ICT policies, data protection, and content regulation, among others.
It added that with increasing convergence between telecommunications, IT, and ICTs generally, there is a need for a clear understanding of where the delineation of the roles of NITDA and NCC lies.
Streamlining roles with NITDA Bill
While noting that there are also some overlaps between the mandate of NITDA with NCC, the National Office for Technology Acquisition and Promotion (NOTAP) and potentially other entities, the ITU said the NITDA Amendment Bill, which is before the National Assembly should clarify the mandate and role.
“The NITDA mandate in policy-making and regulation, i.e., whether it is a standards body, a regulatory authority, or a policy-making institution, is unclear, and stakeholders currently differ on what the role should be,” it said.
“While the Bill seeks to clarify the position of NITDA, it may inadvertently cause conflict between NITDA and other sector regulators including NCC given the NITDA broad mandate in relation to the ‘digital economy,’ and the lack of clarity in the distinction between the IT sector and the ICT sector.
Should NCC and NITDA roles not be streamlined or clarified, it opens the possibility for forum shopping, and the duplication of roles, licences and fees levied by public agencies, and payable by ICT sector companies,” ITU added.
What you should know
The NITDA Amendment Bill generated controversies in the Nigerian ICT industry last year as major stakeholders see it as an attempt by NITDA to usurp the powers of other regulators in the industry.
Specifically, organizations such as the Computer Professionals Council of Nigeria (CPN), Nigeria Computer Society (NCS), Association of Licensed Telecommunications Operators of Nigeria (ALTON), and Association of Telecommunications Companies of Nigeria (ATCON) among others, have all condemned the NITDA Bill, saying it was an attempt to make NITDA a ‘super regulator’ in the ICT industry.
According to the Chief Executive Officer of ICT Derivatives Ltd., Mr. Ayoola Oke, the NITDA Act of 2007 had a central purpose to facilitate the adoption of ICT throughout the nation in the private and public sectors, and consequently support its infrastructure and connectivity.
Oke said that the new NITDA bill is not an amendment but a reenactment as it seeks to make the agency a regulator.
He said the agency’s primary function was to focus on developing business, talents, and job creation, noting that there were agencies already carrying out regulatory functions in the ICT industry.