The International Telecommunications Union (ITU) has recommended that the Nigerian government streamline the regulatory functions of the Nigerian Communications Commission (NCC) and the National Information Technology Development Agency (NITDA) to address the issue of multiple regulations in the digital space. This advice was detailed in ITU’s report titled “Collaborative Regulation: Accelerating Nigeria’s Digital Transformation,” which was recently unveiled in Abuja.
According to the report, both agencies have overlapping responsibilities in areas such as sector-specific ICT policy development, data protection, and content regulation. The ITU highlighted the increasing convergence between telecommunications, IT, and ICTs, stressing the need for a clear delineation of roles between NITDA and NCC.
The report also noted overlaps between NITDA’s mandate and those of the NCC, the National Office for Technology Acquisition and Promotion (NOTAP), and potentially other entities. ITU suggested that the NITDA Amendment Bill currently before the National Assembly should clarify NITDA’s 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,” the report stated.
ITU warned that if the roles of NCC and NITDA are not streamlined or clarified, it could lead to conflicts, duplication of roles, and multiple licenses and fees for ICT sector companies. “The Bill seeks to clarify the position of NITDA but 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,” ITU added.
The NITDA Amendment Bill has sparked controversy in the Nigerian ICT industry, with major stakeholders viewing it as an attempt by NITDA to usurp the powers of other regulators. 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) have all condemned the Bill, arguing that it aims to make NITDA a ‘super regulator’ in the ICT industry.
Mr. Ayoola Oke, CEO of ICT Derivatives Ltd., remarked that the NITDA Act of 2007 was intended to facilitate ICT adoption across Nigeria’s private and public sectors, supporting infrastructure and connectivity. He criticized the new NITDA Bill as a reenactment rather than an amendment, asserting that it seeks to transform NITDA into a regulatory body. Oke emphasized that NITDA’s primary function should be developing business, talent, and job creation, noting that other agencies already perform regulatory functions in the ICT industry.