The NITDA bill 2021 will not lead to the growth of the ICT sector in Nigeria, rather it will empower a cabal to use NITDA as a cash cow. The NITDA bill 2021 places the interests of certain individuals above that of the nation.
The controversial NITDA bill 2021, introduced by the minister of
communications Dr Isa Pantami to the National Assembly for legislation is reported to have been given a fast-tracked hearing by both the senate and House of Representatives. As a matter of fact, the bill is said to have passed the 1st and 2nd readings within 2 days only -on December 12 and 13- on the floor of the senate and is also set to be fast-tracked by the House of Representatives.
Clearly, both the upper and lower chambers of the National Assembly have a duty to legislate on bills presented to them but utmost care must be taken by our senators and honourable members to ensure that our dear country is not shortchanged through dodgy and controversial bills. Our legislators have both constitutional and moral obligations to legislate in a manner that will ensure that the national interest is preserved and protected over and above personal interests.
Clearly, the NITDA bill 2021 which seeks to amend and re-enact the NITDA act 2007 smarks of an ulterior motive and a well-orchestrated and conscripted plan by a cabal to hjjack the entire ICT sector and use it for their selfish interests. The NITDA bill if passed by the National Assembly, will place both the present and future of the ICT sector in the hands of this cabal who will ultimately undermine and potentially destroy the ICT sector in Nigeria.
The surreptitious NITDA cabal are hell bent on making NITDA their cash cow through which they will fund their future political and other aspirations.
The main essence of the NITDA bill 2021 is not to reposition the ICT sector but to use NITDA for personal gains. This should be resisted by all those who love Nigeria and humanity.
If the sponsors of the NITDA bill 2021 have Nigeria at heart, why do they have to chop off the powers of the NCC and other MDAs and transfer such powers to NITDA in dodgy, spiny and controversial manner? Why is Dr Isa Pantami the minister of communications, a supposed Islamic scholar always courting controversies? What kind of example is he giving to his listeners and other young ones?
USURPATION OF POWERS OF NCC and OTHER MDAs
The NITDA bill 2021 seeks to make NITDA the mega regulator of all regulators in the ICT sector overnight while pushing other MDAs to the background. The bill if allowed to scale through, will undermine, diminish and sever the powers of other agencies within and outside the ICT sector such as the national communications commission (NCC), the central bank of Nigeria (CBN), computer professionals (Registration Council of Nigeria) (CPN), Galaxy backbone, Office of the National Security Adviser (ONSA), the National Universities Commission (NUC), the Nigerian Broadcasting Commission (NBC), Nigerian Postal Service (NPS), Nigerian Frequency Management Council (NFMC) and the Nigerian Communications Satellite Ltd (NIGCOMSAT), the standards organisation of Nigeria (SON) inter alia.
In fact, if the controversial NITDA 2021 bill is passed, all the agencies under the ministry of communications will operate under the whims and caprices of NITDA.
Clearly, sections 6,13,20,21, 22 of the NITDA bill 2021 are in conflict with the regulatory powers of the NCC. Section (1) of the NITDA bill forcefully attempts to convert NITDA from an ICT research and development agency to a full pledged regulatory agency. As a matter of fact, you will be tempted to think that NCC may have to be shut down if the NITDA bill is passed because all the key powers of NCC would have been taken over by NITDA. Why is the NCC management not talking and feeding the public with vital information? Is it to save their jobs?
THE NITDA ACT 2007 AND THE NCC ACT 2003.
There is no ambiguity about the roles of the national communications commission (NCC) and the national information technology development agency (NITDA). The NCC is the regulator of the communications sector in Nigeria while NITDA is saddled mainly with the responsibilities of research, developing programs, implementation of policies, monitoring and evaluation to drive the ICT sector. The programmes for NITDA include research and innovation to derive the ICT sector in Nigeria. NITDA is like a research institute in the ICT sector. In a nutshell, NCC is the regulator while NITDA is for research and implementation.
Any process that seeks to make NITDA the main regulator of the ICT sector and push out the legally recognised regulator, the NCC to the sidelines is an affront on the extant laws of the federal republic of Nigeria particularly the NCC act 2003, the NITDA act 2007 and other laws of Nigeria related to the ICT sector.
If the NITDA act 2007 is to be repealed and reenacted then the NCC act 2003 will also have to be amended. This is because the NITDA bill 2021 seeks to annex so many regulatory powers of the NCC and transfer same to NITDA.
These powers cannot be shared and/or duplicated by NCC and NITDA at the same time. The NASS should adopt measures to avoid duplication of powers between NCC and NITDA while considering the bill.
If licensing powers are given to NITDA, such powers should be removed from NCC.
LICENSING AND AUTHORISATION
If NITDA should fix licensing and authorisation charges as the controversial NITDA 2021 bill proposes, what is the work of the NCC? Licensing and authorisation is the sole responsibility of the NCC as contained in section 4 (1) (e) of the NCC act 2003 which is clear, explicit and unambiguous that one of the functions of the NCC is:
(e) granting and renewing communications licences whether or not the licences themselves provide for renewal in accordance with the provisions of this act and monitoring and enforcing compliance with licence terms and conditions by licences.
By section 4(1)(e) of the NCC act 2003, no agency of government is allowed to grant licences and offer authorisations to individuals or corporate bodies in the ICT sector except NCC. To this extent, this section of the NCC act 2003 has to be repealed before licensing and authorisation can be transferred to NITDA or any agency for that matter.
THE SO-CALLED NATIONAL INFORMATION TECHNOLOGY DEVELOPMENT FUND
The NITDA bill 2021 inter alia, seeks to enforce a so-called ‘development levy’ of 1% of the profit after tax of companies and enterprises with annual turnover of
N100 million and above. This is another form of tariff which annexes the functions of the NCC.
Section 108 of the NCC act 2003 gives the NCC statutory powers on tariffs and charges. If the 1% so-called levy is not a tariff rate, there is the need to ask some pertinent questions:
1. What is the 1% levy going to be used for?
2. Who is the custodian of the fund?
3. Where will the huge cash in the fund be domiciled?
4. If NITDA should use the proceeds from the fund for ‘the development of the ICT sector’ what then happens to its annual budgetary allocation?
A CALL TO THE NATIONAL ASSEMBLY
The National Assembly should do the needful and reject the NITDA 2021 bill in its entirety because it will disorganise and effectively discountenance the entire ICT sector. The bill has the potential to rock the boat and mangle the current balanced setting of the MDAs in the ICT sector and push all key powers to NITDA for personal gains.
SIM-NIN POLICY HAS FAILED
The sponsors of the NITDA bill 2021 have failed to implement a simple NIN-SIM policy for our dear country. Kidnappers have been given a free space to use mobile phones to negotiate ransom payments. The communications authorities are not deploying their time to stop the use of mobile phones by kidnappers and terrorists who kill, maim, rape and displace innocent Nigerians. Rather, the priority of these authorities is to introduce a needless and controversial NITDA bill so as to cement their control of the ICT sector. This is unacceptable and should be resisted by all people of conscience.
Why push for the passage of the controversial NITDA bill during Christmas break when members are on holiday and campaign duties? Something must be fishy in the accelerated 1st and 2nd reading hearings within two days given to this bill by the senate.
TIME IS UP
The sponsors of the NITDA bill 2021 should understand that ‘You cannot eat your cake and still have it.
In 22 weeks, these sponsors will be out of office and out of business. Another government with entirely new set of people will take over. Government is not a personal property. It doesn’t belong to any single individual. The culture of ‘anything goes’ has to stop if Nigeria will move forward.
No responsible legislature will allow the passage of the controversial NITDA bill 2021 that is clearly an attempt to seize total control of the ICT sector by a cabal.
