Nigeria Enforces Tough Penalties for Telecom Infrastructure Crimes with New Presidential Order

Samuel Mobolaji

Nigerian telecommunications sector is set to crack down on crimes against its infrastructure, as a new Presidential Order promises severe legal repercussions for anyone damaging or tampering with telecom assets.

Signed by President Bola Ahmed Tinubu in July 2024, the Order designates all telecommunications facilities as Critical National Information Infrastructure (CNII), mandating stricter protections and a zero-tolerance stance on vandalism, theft, and obstruction of access.

As the Order moves towards full enforcement, the Nigerian Communications Commission (NCC) and the National Judicial Institute (NJI) recently organised a high-level workshop in Lagos.

The event, held on Tuesday, aimed to brief judges and justices on interpreting and enforcing the Order’s protections, ensuring that the judiciary is prepared to handle cases involving telecom infrastructure violations.

In his address, Dr. Aminu Maida, the executive vice chairman and CEO of the NCC, stressed the judiciary’s essential role in advancing Nigeria’s digital transformation. He underscored that the workshop was part of a broader NCC initiative to collaborate with the judiciary in building a robust legal framework to secure Nigeria’s digital economy.

“This workshop is designed to support the judiciary’s vital role in a fast-evolving digital landscape,” Dr. Maida said. “We are committed to fostering partnerships with the judiciary to build a reliable legal framework that ensures the protection of national telecommunications infrastructure and sustains our digital transformation.”

Dr. Maida highlighted the urgent need for protections under the new CNII designation, noting the ongoing damage caused by vandals, fibre cuts from construction companies, and restricted access preventing telecom operators from servicing assets. He emphasised that without safeguarding these structures, Nigeria’s goal of a fully digital economy remains threatened.

The Order also leverages the Cybercrimes Act of 2024 to establish a comprehensive framework for protecting vital telecommunications assets, from base stations and data centres to fibre-optic cables. The new regulations strictly prohibit any tampering with these infrastructures, including by government agencies, unless a court order is obtained. Courts are expected to handle requests for exceptions carefully, considering the critical nature of the assets involved.

Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, Chief Justice of Nigeria and Chair of the NJI’s Board of Governors, underscored the importance of this workshop for judicial officers, noting that the evolving telecommunications landscape poses unique legal challenges.

Represented by Justice Jummai Hannatu Sankey of the Supreme Court, Justice Kekere-Ekun pointed to rising concerns in cybersecurity and consumer data protection, emphasising the judiciary’s duty in enforcing digital rights and contracts and in developing strong digital jurisprudence.

“Increased consumer data misuse and the vulnerabilities present in digital spaces call for greater vigilance and clear legal standards for telecommunications regulation and dispute resolution,” Justice Kekere-Ekun said.

The NCC’s enhanced approach aims to address disruptions to telecom infrastructure, from vandalism to unauthorised access restrictions. It also introduces a Project Monitoring and Contract Evaluation Unit to enhance oversight on infrastructure projects and prevent mismanagement.