Section 88 Limits Reps’ Power to Summon Telecoms CEOs, Lawyer Says

A lawyer, and public analyst Sesan Bankole, has said Section 88 of the 1999 Constitution limits the investigative powers of the National Assembly, arguing that legislative inquiries must be tied to lawmaking or the investigation of the management of public funds appropriated by the legislature.

Bankole, who was commenting on the House of Representatives’ summons of telecommunications operators over poor network quality, said the lawmakers could invite companies in the public interest but could not assume the regulatory responsibilities of the Nigerian Communications Commission (NCC).

He also described the summons as sub judice, saying the invitation came while a related lawsuit instituted by the Association of Licensed Telecommunications Operators of Nigeria (ALTON) remained pending before the courts.

The suit, reportedly filed in 2018, challenges repeated legislative summonses of telecommunications executives over matters ALTON considers to fall within the NCC’s regulatory jurisdiction.

According to Bankole, the courts have interpreted Section 88 as permitting investigations for the purpose of making or amending laws, or examining the management of budgeted public funds.

He cited Tony Momoh v. Senate (1982), page 205, arguing that investigations beyond the constitutionally permitted purposes were invalid.

“Any investigation that goes beyond making laws or exposing corruption in the management of budgeted public funds is invalid,” Bankole said.

He added that the National Assembly could not regulate telecommunications operators or impose fines, insisting that such responsibilities belonged to the NCC.

“And they can’t regulate or impose fine; that is the work of the regulator, which is the NCC,” he said.

The lawyer’s comments followed the House of Representatives’ decision on October 21 to summon the chief executives of four telecommunications operators to appear before an ad hoc committee on October 28 over what it described as poor network quality.

The committee threatened arrest over non-compliance.

Bankole also argued that the chief executives did not necessarily have to appear personally, saying the companies could appoint representatives to attend the hearing.

“By the Companies and Allied Matters Act, a telecom is a legal entity that can be represented by any such person appointed by the legal entity,” he said.

The lawmakers say the summons comes amid persistent complaints by subscribers about dropped calls, slow data speeds and service interruptions affecting businesses and everyday communication.

Telecommunications operators are licensed and regulated by the NCC under the Nigerian Communications Act 2003, which provides the framework for regulating the industry and enforcing applicable quality-of-service requirements.

Bankole maintained that the National Assembly’s primary responsibility was to make laws that provide an enabling environment, rather than take over the functions of the sector’s statutory regulator.