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A File on The DINO MELAYE MOTION
 

A 'busy' week in the HOUSE.

The Nigerian National Assembly witnessed very unusual happenings during the week.

On the telecom tuff, it was one Hon. Dino Melaye who hosted a Press Conference to give advance notice of a motion he intended to move on the floor of the Honourable House. Newspaper reports of the press conference said the Honorable Member wanted it known to Nigerians that he would call for the removal of the Executive Vice-Chairman of the Nigerian Communications Commission, NCC. He found him too old, at 60 years, to continue being in office and he also has record of the man’s corrupt practices especially the cozy relationship that he maintains with telephone operators. He also wanted Nigerians to know that the man had been offering bribe to his own colleagues in the House of Representatives so that his impending motion would not fly.

It was novel to legislative procedure for a Honorable Member of the House to call a press conference to warn citizens of an impending motion in the House. He was allowed to move the motion the day after the Press Conference. Shortly after the Press conference, an online portal www.thetimesofnigeria.com   had also come up with a report of the press conference and two days after, an NCC spokesman did a Press Release which responded to the Press Conference. 

Hon Dino Melaye is a popular 'activist' in the House of Representatives going by revelation of an internet search on him. He was the arrowhead and Point-man of the Pro-Etteh Group during the debate when Mrs. Patricia Etteh, a former Speaker of the House of Representatives was being processed for impeachment. He was also identified on TV when the ETTE-Must-go, Etteh-Must-stay fracas turned into a fight in the House. 

Reports said he eventually moved his motion and it was shut down.

Reproduced hereunder are four independent accounts of the happenings:

• A ‘thetimesofnigeria.com’  report of the Press Conference,
• A follow-up report of  ‘thetimesofnigeria.com’  on the issue
• Some comments of readers of 'thetimesofnigeria.com'  website
• NCC spokesman’s response to the press conference, and
• A newspaper's report of the Press conference, the Motion and the result of the Motion.

Reps Set To Remove Ndukwe As NCC Boss With Public Hearing
Taken from http://thetimesofnigeria.com

If all goes according to plan, Ernest Ndukwe, the executive vice chairman of the Nigerian Communications Commission (NCC) ought to start emptying his office as a plan to oust him before his term ends next year will be unveiled today at the National Assembly. 

That is if the plan is not truncated by Ndukwe’s large financial war chest which has turned the House Committee on Information and National Orientation headed by Dino Melaye into a toothless overseer without the ability to bite. Vexed by the poor services offered by GSM service providers under NCC’s regulation, the House Committee headed by Melaye last week resolved to launch a public hearing starting this week to highlight their grievances against the Ndukwe led NCC. 

Thetimesofnigeria.com is in possession of a copy of the prepared motion set to be moved on Tuesday by Melaye, chairman of the committee calling for the public hearing. Ndukwe is said to be too cozy with telecom service providers and has been accused of “having stakes” in many of the company to be an unbiased regulator. In the six-paragraphed motion that will be read on the floor of the House, Melaye said that “This Commission has not been able to fulfill the mandate of regulating, supervising and enforcing the Act establishing it.” 

The motion said, “Further worried that the poor telecom services of these service providers to Nigerians have not been checked or corrected by the commission.” It accused NCC and Ndukwe of nonchalance. “ Nigerian Communications Commission is seen not only to be non-challant but protecting the telecom service providers to the detriment of the Nigerian public.” Following the complaint, the motion said it has resolved to “mandate the House Committee on Communication to conduct a public hearing on the licensing and regulation of all telecom service providers in Nigeria and make recommendations to the House within three (3) weeks.” 

Ndukwe is said to be very influential in the House and has in the past spent huge amount of money lobbying both committee and House members to secure his office until the end of his tenure. To checkmate the influence of money, those hatching the plot decided to strike this week after they were informed that Ndukwe has traveled out of the country. But the plot has already been leaked to Ndukwe and he has already mandated his subordinates to do whatever it takes to stop the motion from being moved on the floor of the House as planned this Tuesday. 

Leading Ndukwe’s effort is Dave Imoko, NCC’s director of corporate affairs and long term associate of Ndukwe. Over the weekend, Imoko is known to have visited several members of the committee urging them to climb-down. Ndukwe himself has maintained contact with members of the committee and his staff urging them to do “whatever it takes to make sure the motion is not moved” a source close to one of the lawmakers who was visited by Imoko and his team told Thetimesofnigeria.com.

Taken from http://thetimesofnigeria.com

Copy & paste Comments of readers of ‘thetimesofnigeria.com’ website

On Tue Jan, 27 2009 05:37   by Attah
It is a shame that instead of putting our heads together to fashion out ways of moving this country forward people like Dino Melaye are trying to paint the NCC and its Chief Executive in bad light. The NCC is the only government parastatal which has brought succor to the common man since 2001. Ndukwe has done a lot for the telecoms industry and he is recognised by both the local and international community. A lot is being burrowed from the NCC by other regulatory agencies around the globe. Before making frivolous claims, I expect Dino to get his facts right instead of making empty noise. He needs to be schooled on the successes and vision of the NCC so that he can realise that he is only making a mockery of himself and his co-sponsors. 

On Mon Jan, 26 2009 03:02   by Osadebe Anam
Even in US we have "No Network" problems and poor reception too. Leave Ndukwe alone. NCC is the only Commission that is FUNCTIONAL in Nigeria today. 

On Mon Jan, 26 2009 10:22   by Darlington Isiekwene
I wonder what kind of people we are as a nation, this is the only sector that is working right now and people are still looking for ways to bring it down. NEPA (PHCN) has become moribund, NITEL, same and other Govt agencies/parastatals. Why cant we celebrate those that do us proud. Ndukwe has tried his humanly best to bring us out of the quagmire called "communication darkness" why do some group of people (who should ask questions when they are confused), now want to truncate the very laudable issues on telecoms that the NCC has put in place? Nigeria, na wa o o o 

On Mon Jan, 26 2009 10:16   by Francis Adebayo Ademuyiea
You people should allow the man to finish his tenure, afterall it is just some months away, why the hurry? that is how we are as a people, PHD holders, pull him down holders. Once it is not your brother, you want the person down, let him finish his tenure, please. He has done Nigeria proud at home and abroad, a record which many of you will never be able to boast of in your lifetime. Please let him finish his tenure , ah! 

Ndukwe’s Bribe Stop Scheduled House Public Hearing On NCC
Taken from http://thetimesofnigeria.com/Article.aspx?id=1372 Wed Jan, 28 2009 

As predicted in our report on Sunday on the ongoing attempt by the National Assembly to institute a public hearing into the activities of the Nigeria Communication Commission (NCC) headed by Ernest Ndukwe, a massive bribe of key members of the House has temporarily scuttled exercise. An attempt to move the motion by its sponsor, Chairman, House Committee on Information and National Orientation, Hon. Dino Melaye was scuttled by Chairman, House Committee on Rules and Business, Hon. Ita Enang on technicalities. 

Though the motion has the support of 117 members of the House, Enang objected to it accusing Melaye of violating House rules by discussing the motion with the media before it tabling it in the House. Melaye disagreed with him stressing that the content of the motion was never disclosed when he addressed a press conference to disclose attempts by the Ndukwe led NCC to scuttle the motion by bribing members of the house including himself. He argued that he was exercising his fundamental rights to freedom of expression and that nothing he did violated rules of the house. 

However, Thetimesofnigeria.com investigation reveal that following our exclusive report on Sunday that attempts were underway to bribe lawmakers to climb down, rather than abate, the bribery efforts was intensified. Between Sunday night when we first ran our report and Tuesday when the motion was moved, Ndukwe sent his “moneyman” Dave Imoko, on a bribery binge armed with N50 million cash and the promise of more to come. Ita Enang, from the ruling Peoples Democratic Party (PDP) representing Akwa Ibom was one of those who received money from Ndukwe’s man, Idoko. 

Another key member of the House who received money and helped the effort to reach out to his fellow lawmakers is the Chief whip of the House, Emeka Ihedioha. A member of the House who was approached and rejected the bribe money told Thetimesofnigeria.com that the “NCC is bent on stopping the public hearing at any expense.” “They are willing to pay whatever it takes and I believe that the GSM providers are funding this project.” The motion is supposed to be resurrected today when the House opens for business.

Taken from  http://thetimesofnigeria.com/Article.aspx?id=1372

NCC’s response to Press conference of Hon. Dino Melaye

 "NCC has performed creditably" 
by
Reuben Muoka, NCC Spokesman 

We have continued to receive calls from various quarters concerning comments at Press conference hosted by Hon. Dino Melaye, which basically dwelt on the person of the Chief Executive of the Commission, Engr. Ernest Ndukwe.  We are amazed at the level of defamation of the character of the person of Engr. Ndukwe, and unsubstantiated allegations by an Honourable member of the House on a motion which he is yet to be canvass its passage by the Honourable House.

We are aware that Hon. Melaye had last week sought to move a motion in the House seeking for Public Hearing on the quality of service situation in the industry.  We are also aware that Hon. Melaye was a member of the ad hoc committee that held a public hearing on this same matter.

We thought that the matter would be left to the respected Honourable House to resolve but we were surprised that the same Honourable Dino had to call a press conference where he highlighted issues that are beyond those raised on the floor of the House. He also made grave unsubstantiated allegations outside the floor of the House which tend to rubbish the success that this nation has made in the telecom sector.  

On the issue of the Commission not fulfilling its mandate of regulating the industry:
The Commission has done its best in regulating the telecommunications industry. The fact that the nation has been able to achieve 57 Million active subscriber lines today from 400,000 lines in 2001, achieved a Teledensity of 41 per cent today from about .06 in 2001, and attracted investments of more than $12 Billion today from about US$50 Million in 2001 speaks for itself. We accept that the quality of service is not acceptable and we are doing everything we can to address the issues. We are also working on the best possible ways to achieve a lower tariff regime. We insist that the Commission has done its best in the service of the nation, and will need the support of all stakeholders to achieve more for the nation.

We should not forget easily about seven years ago, only very few Nigerians have phones. Today, they have phones.  We are really worried about the undue attention being given to the Commission by certain individuals while we have other public organizations in Nigeria that cannot compare with the achievements of the Commission. The Commission had gone through a similar Public Hearings in 2006 by the Lower and the Upper Chamber of the National Assembly.

 In achievements the Commission stands shoulder high above most other government agencies, unfortunately, telecom that has become the pride of the nation is not appreciated; instead it is negatively portrayed at all times in certain quarters. If 50 per cent of the achievements recorded by the Nigerian Communications Commission is replicated in all the other utility service areas of this country, Nigeria would have become one of the topmost countries of the world.

Engr. Ndukw deserves an honour in this country and we are really worried that his efforts are being vilified in certain quarters. The average man in the street would reject any insinuation that the telecom revolution in Nigeria has become a problem rather than a solution. We are not against the House holding a Public Hearing if only it would be used to advance the needed solutions for the telecommunications industry. We hold the House at a very high esteem and will cooperate fully when the Public Hearing is convened. We hope this will complement our continuous efforts to improve on the status of the telecommunications industry. 

On the issue of supporting the operators
We have said on many occasions that consumer is our main stakeholder. We have instituted many schemes like the Consumer Parliament to educate the consumer about his rights. We have penalized the operators on the failures on quality of service and had forced them to pay compensation on that account. We had stopped them doing promos when it affects the network.  The operators have had to take the Commission to court on several occasions and we have had to defend our position in court and had won. We are operating in a democratic system and we apply due process in all our undertakings. We are operating under a law made by the National Assembly, the National Communications Act, 2003. We have strived to make a success of this law and have attracted positive comments and commendations, even from the international community and institutions.   

On the Issue of Tax Waiver:
We are worried that the Hon. Dino Melaye would personalize and condemn a very positive economic decision of the Federal Government, implemented by the Nigerian Investment Promotions Commission, and facilitated by the Federal Ministry of Finance. The Tax Holiday granted telecom operators, was not restricted to few companies in the sector. It was also enjoyed by the other sectors of the economy. It was an incentive to attract investors when Nigeria needed them most. It is most unfortunate that the Hon. Member would turn around suggest that the chief Executive of NCC would be held responsible. 

On the allegation that Engr. Ndukwe had attained 60 years of age and therefore is not capable of regulating the industry:
Ordinarily, this comment deserves no response because the Hon. Member ought to know the difference between a political appointment and career civil service. The appointment of Engr. Ndukwe to the office of the CEO of NCC was done by Mr. President, and was confirmed by the Senate of the Federal Republic for a five year tenure that will expire in 2010. Mr. President and the Distinguished Members of the Senate had full information about the person of Engr. Ndukwe before his confirmation for the second tenure.  This appointment was by merit and in tune with the National Communications Act, NCA, 2003. The laws and regulations guiding the appointment of Engr. Ndukwe to head a Commission is a political appointments like most other Commissions, and that his age has nothing to do with this position because he is not a civil servant. The nation is replete with several Commissions whose chief executives are above this age. The fact that he has an Id Card in his place of work or such other modern administrative paraphernalia of office does not make him a civil servant. 

Moreover, we do not see how this matter is related to the matter under discussion.

Reps abort motion to probe NCC 28/1/2009
From Onyedi Ojiabor, Assistant Editor and Victor Oluwasegun, Abuja, THE NATION

The controversial motion requesting the House of Representatives to conduct public hearing on the operations of the Nigeria Communication Commission (NCC) was shot down yesterday.

The House deferred its consideration following heated arguments between the sponsor, Chairman, House Committee on Information and National Orientation, Hon. Dino Melaye and Chairman, House Committee on Rules and Business, Hon. Ita Enang. The motion was listed as the first business of the House in the Order Paper under the title, "Nigerian Communication Commission and Telecommunication regulation in Nigeria."

Melaye, supported by 118 others, was scheduled to move the motion. Melaye had, at a press conference on Monday in Abuja, alleged plans to kill the motion. He had accused NCC’s Executive Vice-Chairman, Mr. Ernest Ndukwe of trying to bribe the legislators to kill the motion. But NCC’s spokesperson, Mr. Reuben Muoka, denied the allegation, saying it lacked credibility. The motion said NCC, which is responsible for the licensing and regulation of all telecommunication service providers, had not been able to execute the mandate.

It said "NCC is seen not only to be ineffective in carrying out its mandate but also protecting the telecommunication service providers to the detriment of the Nigerian public." The sponsors said they were concerned that there were special services consumers ought to have been enjoying from the telecom service providers that were not being provided. They said the poor services presently being provided to Nigerians by the service providers could be attributed to lack of adequate supervision by the regulatory agency.

The sponsors, therefore, prayed the House to mandate its Committee on Communications to conduct a public hearing on the operations of telecom service providers in relation to the NCC Act so as to make recommendations to the House within three weeks. When Melaye attempted to move the motion, he was cut short by Enang.

The Rules and Business Committee chair drew attention of the House to the Monday news conference by Melaye. He said Melaye spoke extensively on the issue at the news conference, adding that he breached the House rules. Enang said Melaye created the impression that the House had taken a position on an issue that had not been brought before it. He prayed the House not to grant Melaye’s request to table the motion.

Melaye, however, said he did not discuss the content or the prayer of the motion at the news conference. He said he merely informed reporters about his intention to table the motion before the House. Speaker Dimeji Bankole, who watched the trend of argument between Enang and Melaye, invited them to meet him after the plenary.

The intervention by Bankole averted what seemed to be an explosive motion going by the tone of Melaye on Monday.

taken from http://www.thenationonlineng.com/dynamicpage.asp?id=75892

Ernest Ndukwe asks 'Where were they?'
 

A PRESS CONFERENCE STATEMENT
BY THE EXECUTIVE VICE CHAIRMAN OF THE NIGERIAN COMMUNICATIONS COMMISSION,
ENGR. ERNEST NDUKWE, OFR, ON JANUARY 31, 2008,
IN RESPONSE TO ALLEGATIONS AGAINST THE COMMISSION
BY A MEMBER OF THE HOUSE OF REPRESENTATIVES, HON. DINO MELAYE

Distinguished Gentlemen of the Press.

Let me start by saying a big welcome for responding to this invitation because I know weekend is full of activities – social events and time to be with your families. It is my pleasure to welcome you all to this press conference which I called to enable me address you on some issues that have been brought by an Hon. Member of the House of Representatives, Hon. Dino Melaye which touched on both my person and that of the Commission in which I serve as the Chief Executive Officer. We need to make a few clarifications and I thank God for making this day possible.

First of all, let me start by thanking the Almighty God for my safe return to our beautiful country after a trip to Malaysia and the United States of America. Regarding the trip to Malaysia, I went wit the NCC Chairman and the President of the Digital Bridge Institute to explore areas of cooperation between NCC and similar institutions in Malaysia. It was a most rewarding trip and we were guests to their Multimedia University located in the sprawling Cyberjaya (Cybercity) in Selangor, Malaysia.

It is our plan at the DBI to convert the Oshodi and Kano campuses of the DBI to ICT parks and a university. There is also plan to site a DBI campus in the South East/South South part of the country. Our trip to Malaysia was therefore to seek their cooperation and exchange ideas on how to make the DBI a major Centre of Excellence in ICT’s in Africa. We were all inspired by what we saw at the Cyberjaya.

I was also in Washington as guest of the World Bank Global Information and Communication Technologies (GICT) group.
That week, they had what is called the ICT Sector Week and they invited experts from both public and private sectors of the ICT industry around the world to review their activities around the world and proffer ideas on what the future emphasis should be for World Bank in their engagements with countries around the world.

I am pleased to report that I was the only regulator that was invited from the African region to participate as a resource person at the event. I participated on two panels – the opening panel at 9.00 am on Monday 26th January 2009 that dealt with the role of ICT’s in enabling a better world and the fourth panel at 4.00 p.m. that dealt with Policy and Regulatory Responses to Convergence and Developing Wireless Technologies.
On Tuesday, 27th January 2009, I also participated in another brain-storming session with the group between 2.30 p.m. and 5.00 p.m. before I headed out to the airport to board my flight back.

The World Bank and the IFC have been of major assistance and support to the development of the Telecommunications industry in Nigeria.
Ladies and gentlemen, it was during my stay in the USA that I was informed of a motion that was initiated by Honourable Melaye about the state of the industry and the role of the NCC in regulating the operating companies etc. I was informed that this motion was brought up on Thursday, last week and to be followed by a formal presentation on Tuesday, the 27th of January 2009.

However, on Monday, January 26 2008, Hon. Dino Melaye granted an interview to the print and electronic media where he made far reaching accusations. Thanks to the World Wide Web, I was able to read about his statements in the newspapers of Tuesday, January 27th, 2009.
I was informed that the Honourable Members of the House took exception on this action of going to the media before the motion. On Wednesday, January 28, 2009, when the motion was allowed for debate, the Honourable Members agreed that what was needed is for the report of the public hearing that has already been held, be presented to the House by the House Committee on Communications.

In effect, while we were there at the World Bank in Washington receiving recognition as a nation for what we have been able to achieve for this industry, there was something else going on in Nigeria. Let me say that it will be an understatement to say that I was not shocked by these allegations by Hon. Melaye. I did not know how to respond to that but I decided to finish my assignment and come back. I can only assume that it was done out of limited information, unless, perhaps, the person is working the scripts of other people. But I do not know.

Ladies and gentlemen, I wish to put it on record that
1. I am proud of what the Almighty God has used me and other members of the NCC Board and members of staff to achieve for Nigeria in the past eight years.

2. I have personally served this country with the highest level of integrity and uprightness since I assumed office at the NCC in 2000.

3. That I am proud of the highly professional and hard-working team that we have managed to put together at the NCC. I don’t think I will be blowing our trumpet too much to say that NCC remains one of the most professionally run government agencies in Nigeria. NCC is today recognized internationally as a high performing regulatory agency in the world, not just in Africa because at the World Bank, I was actually treated like a celebrity because people talk about what is happing in the Nigerian telecom industry.

4. I must also say that NCC has never been afraid of any probe by the National Assembly and in fact had subjected itself to the last public hearing that was done by the Ad-hoc Committee set up by that Honourable House. We have also been guests on several occasions to members of the Communications Committees of both Upper and Lower Houses of the National Assembly. So, it is incorrect for anyone to say that we are apprehensive of public hearing. NCC is actually in public glare at all times. We are always under the scrutiny of many Nigerians.

5. That the allegation that the NCC was trying to stop the motion in the House is false and malicious. To even suggest that the Commission was trying to stop the motion by extending pecuniary incentives to members of the House is false and baseless. In fact, I also find it insulting to suggest that Honourable Members received bribes. The whole allegation is laughable because even NCC is known not to be generous with things of that nature. I feel extremely sorry for the embarrassment that this allegation may have caused the innocent Honourable Members of the House to whom these allegations of collecting bribe was leveled for daring to say the truth as they know them.

6. Sometimes I do wonder how these stories emanate. It can only be that those generating the story are measuring us in their own yard stick. Those who know NCC well will tell you that this is not possible. In fact, we do not see anything in this motion that had not been dealt with in the course of the previous public hearing conducted by the House Ad-hoc Committee to warrant anybody from NCC giving bribes. We do not know how to give bribes or receive bribes. I was not even in the country when this matter came up. I cannot imagine how any person from the NCC would start offering any pecuniary incentives to anybody. So, I can tell you for sure that nothing like that ever happened, or will ever happen. This is ridiculous because there are more than 300 members of the House and I do not know how somebody will go searching for all of them to tell them what to do in the House. Personally, if I am a member of the House, I will see this as very offending if such a thing is talked about. There are many very reasonable and responsible people in that hallowed chambers. Many of them are very professional people from different works of life and they know what is true and what is wrong and what is right. Some of them who have talked in favour of the Commission have done so out of their experience. They are not kids. Some of them are older than me and can take patriotic decisions as it concerns this country. I record my sympathy and regret for some of these members who were even mentioned in some faceless online electronic publications. They are very innocent and distinguished people in the society. We promise not to let them down because the truth is that nothing like that happened.

7. On this issue of my being over 60 years of age, I am extremely embarrassed by this direct attack on my person. This matter was made big issue last year when I turned 60 years old. I am a political appointee. I was not interviewed for this job. I was invited to serve the nation. Unlike the civil servant, this appointment is based on tenure, and it was renewed for another tenure of five years in 2005. If it was not a political appointment, why was it necessary for renewal of my appointment in 2005, when I was not 60 years old and had not served for 35 years? I am not a civil servant. If any commissioner is, for example 40 years of age, at the time his/her term expires, he has to go. So, even if I am 40 years today, come March 2010, I must leave. The story is also unnecessary because there are many heads of different government agencies on political appointments that are older than me. This matter had been raised and was finally resolved by Mr. President after receiving the advice of the Secretary to the Federal Government, and the Attorney General of the Federation. I even consider myself among the youngest when you consider my age against some of the heads of some agencies of government in the past and present. So, I don’t know how this one came about again. When I hear all these things, I begin to wonder who wants Ndukwe out when it is close to the time I will leave government and retire creditably.

8. On the issue of Pension contribution, the new Pension Act makes it a personal thing and is not attached to where you work. Anyone can take up a pension scheme and can carry it from one employee to another without break. Today, people in the private sector are paying contributions under the new scheme, just like people in the public sector, and it is voluntary.
The Attorney-General of the federation has also given his opinion on the matter. The SGF’s office had exhaustively handled the matter. So the question is: Who wants Ndukwe out? Who is so impatient about taking over the job?
There are many self styled apostles of the common man talking about all kinds of issues. I have words, however, for the schemers.
Where were they in 2000 when this position was vacant? Where were they when NCC operated from two detached houses in Garki with only about 60 employees and largely depending on federal government for funding its budget? Where were they when the number of active subscribers in the entire country was less than 400,000? When the mobile lines were just about 25,000 analogue lines? Where were they when major companies around the world like Vodafone of UK refused to participate in the bid for the GSM licences in 2000? President Obasanjo personally called the Prime of Minister of UK to lobby for Vodafone to come and they still refused. Where were they when our banks were skeptical about the future of telecommunications in Nigeria and were hardly lending to the telecom companies? Where were they when the prediction of the number of subscribers possible in the Nigerian network was 6 million lines in 5 years! Where were they when it cost between N180,000 to N250,000 to acquire a fixed wireless line in Nigeria? Where were they when to get an analogue mobile line you needed to know the TM of NITEL and had to cough out between N60,000 to N100,000 to pay for the line? Where were they when most ordinary Nigerian could not dream of owning a phone line? Where were they when NCC was moving from one rented office to another? Where were they when the first transparent Spectrum Auction was held and the whole world expressed happiness that Nigeria could achieve such a feat? Where were they when it used to cost N150 per minute for an international call?

Now the industry has stabilised; Now that the NCC has been professionalised; now that we have our own head office building that is one of the best edifices in Abuja; Now that the number of active connections has grown to 64 million by December 2008; Now that NCC has earned international reputation as the foremost regulatory body in Africa, and a foremost regulator in the world; Now that we have one mobile signal or the other across the country; Now that nearly all parts of the country are covered by one mobile network or the other; Now that the universal service fund has been established; Now that NCC is fully self funding and is a major contributor to the federation account (over 300 billion Naira paid into federation account since 2001) Now, the schemers want to come and take over and plunder the place. For the past 18 months, all we have seen at the NCC is regular attacks on the Commission and the person of the EVC. People have been sponsored as possible candidates to replace the CEO, the chairman and members of the board. The surprising thing though is that they are so impatient and want it today and now!

The Commission is no more allowed to concentrate on its work. I believe that it is time for this to stop. I certainly we cannot tolerate the aspect of having to malign the names of people just because of personal interest and vendetta.

I have therefore advised my lawyers to study the statements made by various parties in this saga with a view to protecting my name and that of members of board and management of the Commission. Let me also make it abundantly clear that I will never succumb to blackmail. I have no money to give anyone and will not give any money to anyone no matter the pressure. I did not appoint myself to the position I occupy at the NCC and will be there for as long as it pleases Mr. President that I should continue to serve.

My wants are very few and those who have associated with me closely know that I cannot be and have never been bribed by anyone.

Let me also make it unequivocally clear that I do no hold any interest in any operating company in Nigeria. Not one! I also do not have any reason to favour the operating companies over the subscribers. I find this notion very insulting and annoying. Everything we do at the NCC has the consumer as our primary focus and beneficiary. Whether in facilitating investment, ensuring national spread, facilitating rural access, licensing new operators, holding consumer outreach programs and consumer parliament sessions, facilitating number portability, establishing customer call centres, providing computers and internet facilities in schools, etc all such efforts are towards serving the consumer better. So it is extremely preposterous for anyone to suggest that NCC is not looking after the interest of the consumer.

However, I must warn that some people are playing politics with the feelings of the innocent people of this country. They are not interested in telling people the truth about the situation in our country. They seek for populist statements that have no depth but only designed to win acclamations. Otherwise, how could anyone say that tariff rates in Nigeria are the highest in the world or in Africa? How could anyone say that situation in the industry calls for a motion for a matter of urgent national importance? Is it not the same telecom industry in Nigeria that is the toast of the world as far as Nigeria is concerned? I want someone to tell me which sector of the Nigerian economy is more efficient and performing better than the Telecom Sector? Please tell me!

Also tell me which regulator has instituted practical measures to protect the Nigerian consumers and give them a loud voice like the NCC has done. Please tell me! When we started, we were the one that made consumers active. We even support consumer advocacy groups to champion the course of the consumer. Who is saying we do not support the consumer. In this country today, the telecom consumer has the loudest voice given to them by the regulator. I do not know any other sector that provides that.

It is understandable when people are giving advice on the basis of seeking for improvement, but not on the basis of witch-hunting and on the basis of assassination of character. This must stop in this country. We must overcome all these and move forward. When people are in sensitive positions, they need encouragement, good advice and support. I am the first to admit that there is always room for improvement in all fields of human endeavour but I will refuse that anyone down plays the achievements that have been recorded in this industry in the past eight years. These achievements that have made Nigeria to rise to the No. 1 position in subscriber base in Africa from the bottom of the pyramid about eight years ago. When this journey started, we were being compared with places like Mongolia, Afghanistan and countries like that in terms of teledensity. Today we are number one in Africa, so what are we talking about?

How can somebody say that because tax holiday was granted some companies, that Nigeria lost N1.7 Billion. First let me make it clear that the NCC is not responsible for the granting of tax holiday. This is a provision in the Nigerian law and it is not only in the telecom sector that it applies. Every industry that qualifies for it applies. Telecom companies do not even apply to the NCC for it but to the Nigerian Investment Promotion Commission, NIPC, and the Ministry of Commerce and Industry, and other agencies of government dealing on those kinds of things.

But even at that, how can someone make this kind of statement regarding the Commission. Between 2001 and 2008, the Commission had generated, in spectrum fees alone, over N300 Billion into the Federation Account, not to talk of the multiplier effect of this industry, the employment that has been generated. The taxes that have been paid by these companies, not to talk of import duties and billions of naira that have been paid into the accounts of government on this score. Before this time, government never earned anything from telecom, instead, government was pouring in money.

The revenue that has been generated in the industry has been tremendous and a lot of investments have come into this country on account of telecom regulation. We are talking about N1.7 Billion and I don’t even know where he got these estimates because people just talk. As I said, the multiplier effect of that has been tremendous and we need not talk about N1.7 billion. And I state again that NCC is not the body that gives pioneers status to any company. We never participated. Pioneer status was not generated from the telecom industry. It is a law that exists in Nigeria and many other industries have benefited from this in the past. NCC, or even the Communications Ministry, has nothing to do with it, in fact. It is the job of the agencies and Ministries earlier mentioned. I must confess that they did not even consult to ask us whether they will do it or not. So, for anybody to wake up and say that we advised, I think you can reach your own conclusions on that. We never did. And from what has been generated as revenue from this whole industry, I think it is not proper to dwell on N1.7 Billion.


I will not be discouraged from continuing to serve my country with honesty and integrity despite the unnecessary distraction and sometimes provocation. I know the brains behind this latest move. What they always forget is the God factor in everything we do in life. I am a firm believer in the power and favour of the Almighty God. It is also to Him that we owe the praise for the achievements made so far in this industry. It is also to Him that I owe the praise for giving me the wisdom and courage that are required to discharge my duties. I also thank God for the opportunities to serve this country at a time like this and being part of catalyzing a revolution in the industry.

It is God that appoints people to position and it is Him that sustains people in office.

I want to also state here that there is life after NCC. Just like I was invited for this national assignment as the CEO of NCC, God Almighty will lead me to another assignment when He determines that I have completed my task here.

Let me now go to the substantive issues of Telecom Regulation and what the future hold for 2009 and beyond


Take the issue of dropped calls for example, the truth is that drop calls occur everywhere in the world. That phrase has existing in the telecom lexicon before GSM started in Nigeria. Several factors such as: topography, dense vegetation, buildings especially those built with concrete are responsible for loss of radio signals which lead to call drops. The most common cause here in Nigeria is the fact that cell sites are not nearly enough in number and spread. Yet operators are having problems with obtaining approvals for sites from local and state governments. There are also cases where existing cell sites are disabled due to breakdown, maintenance, vandalisation, theft of generators, lack of diesel, or out right sabotage. Once a cell site is disabled, it affects service in the area.

We must also get focused on real issues, such as efforts to improve on the broadband connectivity in this country in 2009. There is need to continue to urge the operating companies to roll out 3G services so that more and more people will have access to broadband Internet and things like that because that is the next wave of revolution that we will see in this country. We want to make sure that this network improves. And sometimes I ask, is this network not improving? Was the quality of service situation in December 2007 the same as December 2008? I know that what happened was as result of regulatory activities. We warned them against promotions and that anyone whose promotion affects the network would be banned for two years without lifting and they became responsible. We will encourage them to expand, and I can assure you we will not allow them to rest. We will not tolerate any company that does not take the Nigerian people very seriously. Nobody in NCC will do anything that will support the operators against the subscribers. It is unthinkable; it has not happened and will not happen.
Nigerian subscribers deserve a better network. That is what we believe in, and that is what we strive to achieve.

I thank you all for listening.

Engr. Ernest Ndukwe, OFR
CEO/EVC, NCC.



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