Presidency takes Lagos to Supreme Court over telecoms control
From Emmanuel Onwubiko, Abuja
THE question of whether it is the Federal Government or the Lagos State government that has the constitutional right to regulate telecommunications operations in Lagos is now to be resolved by the Supreme Court.
The Federal Government has taken Lagos State to the Supreme Court, asking it to determine which level of government has the constitutional rights to regulate telecommunications operations in the state.
The move is coming in a reaction to a bill before the Lagos House of Assembly, which seeks to regulate the activities of telecommunications operators in the state. The bill is entitled: "A law to establish the Lagos State Telecommunications Structures Regulatory Agency and for other connected matters."
But the Lagos State government has challenged the suit, saying the action of the Federal Government was not justifiable, being a challenge of a bill that has not been passed into law.
In the bill, telecommunications operators are to pay N50,000 for an application form; N10,000 for every three feet (about one meter) of a transmitter tower; N8,000 for every five feet (about 1.5 meters) of a tower; N100,000 for every 1.5 meter diameter for a parabolic telecoms antenna and an additional N50,000 for the construction of any transmission tower or structure within any business district or high density zones.
In its originating summons, the Federal Government is asking the Supreme Court to provide answers to the following questions;
- Whether in view of items 46, 66 and 68 of the Second Schedule Part I of the Exclusive Legislative list of the Constitution of the Federal Republic of Nigeria 1999, the Lagos State government has powers to initiate or operate any legislation on the regulation of telecommunications operations in Lagos State or any part thereof; and
- Whether in view of the provisions of Section 50 of the Civil Aviation Ct Cap 51 Laws of the Federation, 1990, Section 12 of the Nigerian Airport Authority Act Cap 292 Laws of the Federation 1990 and Sections 4, 5, 6, 9, and 11 of the Wireless, Telegraphy Act Cap 469, Laws of the Federation 1990, Lagos State government has the powers to initiate or operate any state law that purports to grant approval for telecommunications operations in any form including imposition of penalties fore alleged breaches.
The Federal Government said that the action by the Lagos State government to regulate telecommunications operations in the state was unconstitutional, null and void. It asked the Supreme Court to declare that only the Federal Government has the power to initiate, implement and regulate the operations of telecommunications operators throughout the country.
Further hearing in the matter has been fixed for September 23.`
