ALTON: Challenges Nigeria NASS Telco Summons, Files Federal Court Suit

• The Nigerian House of Representatives summoned telecommunications CEOs to explain poor service, threatening arrest for non-compliance.
• ALTON, representing telcos, argued that infrastructure and policy challenges, not executive summonses, are the root cause of poor service.
• ALTON's chairman questioned the constitutional basis of the summons, citing Sections 88 and 89 of the 1999 Constitution.
• A pending Federal High Court case from 2018 seeks to interpret the National Assembly's oversight powers over telecommunications operators.
• ALTON urged lawmakers to address systemic issues like vandalism, taxation, and power supply, complementing the NCC's regulatory role.

The outcome of the pending Federal High Court case will be crucial, as it could provide a definitive interpretation of the National Assembly's investigative powers under Sections 88 and 89 of the 1999 Constitution.

The Nigerian House of Representatives Ad Hoc Committee on Telecommunications Service Quality recently issued a directive for chief executives of major telecommunications companies to appear before it. This summons, issued on October 28, mandated the personal attendance of leaders from MTN Nigeria, Airtel Nigeria, Globacom, Mafab Communications, and other operators by November 4, to address persistent service failures. The committee underscored its seriousness by threatening to issue warrants of arrest for any executive who failed to honor the invitation.

In response, the Association of Licensed Telecommunications Operators of Nigeria (ALTON), through its chairman, Gbenga Adebayo, asserted that merely summoning these executives would not resolve the underlying issues causing poor network services. Adebayo’s statement, released on November 3, 2026, followed the committee's rejection of his attempt to represent the operators at the hearing. ALTON urged the House of Representatives to instead focus on tackling the fundamental infrastructure and policy challenges impacting the sector, arguing that sustainable service improvement necessitates consistent investment, effective regulatory frameworks, and a supportive operating environment, rather than punitive measures or legislative summonses.

ALTON has openly questioned the constitutional foundation for the National Assembly's summons, specifically referencing Sections 88 and 89 of the 1999 Constitution, which delineate the investigative powers of the legislature. The association communicated its concerns to the committee on October 20, highlighting potential ambiguities regarding the scope of legislative oversight in relation to the statutory responsibilities of the sector's regulator.

This challenge by ALTON is not new; the association revealed it had initiated a suit at the Federal High Court in 2018. This Federal High Court ALTON NASS suit seeks a judicial interpretation of the National Assembly's oversight powers concerning telecommunications operators, and the case remains pending. While ALTON expressed its willingness to cooperate with legitimate legislative inquiries, it maintains that the current summons raises critical questions about the interplay between parliamentary oversight and the established roles of regulatory bodies. Lawmakers, however, have defended their direct invitation, contending that individual operators hold distinct licenses and must account for their services directly, rather than through an industry body.

Gbenga Adebayo detailed a range of structural issues contributing to the poor quality of telecommunications services in Nigeria. These include widespread fibre-optic cable vandalism and frequent cuts, the burden of inconsistent Right-of-Way charges, the impact of multiple taxation, unreliable electricity supply, bureaucratic delays, and pervasive insecurity affecting telecommunications infrastructure. He emphasized that these are systemic problems demanding a coordinated approach involving both government institutions and the private sector.

ALTON's chairman argued that legislative hearings should be utilized to identify and dismantle obstacles to investment and network expansion, rather than serving as a platform for sanctions. He pointed out that the Nigerian Communications Commission (NCC) is statutorily mandated to monitor service quality, set standards, investigate breaches, and penalize non-compliant operators. Adebayo stressed that sanctions alone cannot facilitate the construction of fibre networks, ensure power supply to base stations, prevent vandalism, or improve access to critical infrastructure. He therefore called on lawmakers to complement the NCC's work by addressing policy and infrastructure constraints, rather than creating parallel accountability mechanisms or duplicating the regulator's functions.

The ongoing ALTON challenge Nigeria NASS telco summons represents a significant moment for clarifying the boundaries of legislative oversight in the country. The outcome of the pending Federal High Court case will be crucial, as it could provide a definitive interpretation of the National Assembly's investigative powers under Sections 88 and 89 of the 1999 Constitution. This clarification is vital for telecommunications operators and other private sector entities, as it will influence future compliance strategies and the handling of parliamentary inquiries.

This dispute highlights a broader debate about the most effective way to ensure accountability and improve public services. While acknowledging the public's right to demand better telecommunications services and the lawmakers' responsibility to represent these concerns, ALTON's stance underscores the importance of addressing root causes through collaborative, policy-driven solutions rather than solely through direct executive summonses and threats of arrest.

Lawyers advising telecommunications operators or regulatory bodies in Nigeria should note the ongoing legal challenge by ALTON regarding the scope of the National Assembly's investigative powers under Sections 88 and 89 of the 1999 Constitution. The outcome of the pending Federal High Court case could clarify the limits of legislative summonses to private sector executives, influencing compliance strategies and the handling of future parliamentary inquiries.

Source: Original reporting via PUNCH Online