Good Regulation and Convergence in the Nigerian Telecommunications Sector

Nigeria’s telecommunications sector has emerged as a vital, regulated, investor friendly sector, accounting for 10.11% of Nigeria’s GDP in 2019. Despite the growing importance of the telecommunications sector, there has been little attempt to evaluate the regulatory framework, perhaps, due to the absence of a governmental statement on regulatory quality which could provide a foundation for measuring and improving regulation. This thesis offers an original contribution to knowledge by analysing to what extent good regulation exists under the current regulatory framework. It subjects the regulatory framework to scrutiny, employing Baldwin, Cave and Lodge’s criteria for good regulation in examining the existing legislative provisions and their practical implications. This thesis also analyses case law, which has received little analysis to date. Given the shortcomings identified in the areas of legislative mandate, accountability and due process, this thesis concludes that the regulatory framework requires extensive reform before it can be considered good regulation. Due to the dynamic nature of telecommunications, assessing the regulatory framework against a static picture is insufficient; it is essential to consider how future developments will affect good regulation. The boundaries of the telecommunications industry have begun shifting due to convergence which is the ability of one or several networks to carry different services and the bringing together of previously separate and distinct industries in the communications area. Convergence poses a challenge as the traditional regulatory frameworks were intended for an age when there was a clear distinction between various services. Convergence, therefore, dictates altering the current regulatory structure and introducing a converged regulator. This thesis argues that a converged regulator may impact on achieving good regulation by altering the appropriate legislative mandate, mounting accountability concerns, increasing the risk of regulatory capture, varying expertise requirements and encouraging productive efficiency. It also presents an opportunity to resolve pre-existing regulatory shortcomings.