The use and implementation of Action Learning, Action Research and

The literature review in this dissertation considered some major works in the field of telecommunications law which were written by Nigerian and foreign authors as well as some other legal works that were not specific to the telecommunications industry which were written by Nigerian authors. The need to consider other works that were not specific to telecommunications arose from the dearth of published legal research that focused on issues in the Nigerian telecommunications industry. Works that were reviewed comprise of textbooks, journal articles, an LL.M thesis, and a research report.

The dissertation reviewed the: Theory and Practice of Telecommunications Regulation in Nigeria through the Development Question by P. C Obutte.¹⁹ The work is a doctrinal research that applies a socio-legal methodology to examine the appropriateness of „less‟

regulation principle of the free-market in the regulation of Nigeria telecommunications sector given the country's development questions. In particular, the work examines whether the light regulation or laissez-faire strategy adopted at the commencement of Nigeria‟s telecommunications sector liberalization constitutes an appropriate first-line market response. Thus, the work focuses on the market regulation approach following the full liberalization of the telecommunications industry in the early years of the last decade.

However, the work does not undertake a study into the areas covered within the scope of this dissertation. For example, the work does not undertake a legal analysis of issues such

19 P C Obutte, Theory and Practice of Telecommunications Regulation in Nigeria through the Development Question (Saarbrucken, Germany: VDM Verlag Dr. Muller, 2007).

as: the installation of telecommunications network; the protection of consumers; recent developments in competition and interconnection regulation, and; dispute resolution.

Also having been written over nine years ago, the work cannot be said to reflect current developments in the Nigerian telecommunications industry.

The dissertation also reviewed Telecommunications Law and Regulation edited by I. Walden (3^rd and 4^th editions).²⁰ Both editions were written from a contribution of over 20 experts in the field of telecommunications law from the United Kingdom and the United States. The work provides a basic understanding of telecommunications law and regulation in developed countries. However, the work does not address developments in Nigeria. The dissertation also reviewed the Telecommunications Regulation Handbook edited by C. Blackman and L. Srivastava.²¹ The work which is a regulatory toolkit was developed by the International Telecommunications Union and the World Bank provides a general understanding of telecommunications regulation. However, the work does not include a discussion on the legal aspects of telecommunications and neither does it address related legal developments in Nigeria. The dissertation also reviewed Cybersecurity Law and Regulation by U.J Orji.²² This work broadly discusses the protection of critical information infrastructure within the context of cybersecurity regulation. In broad terms, cybersecurity is also classified as an aspect of telecommunications regulation, however the work does not undertake a legal analysis of

20 I Walden (ed), Telecommunications Law and Regulation (3rd edn, New York: Oxford University Press, 2009); I Walden (ed) Telecommunications Law and Regulation (4^th edn, Oxford, United Kingdom:

Oxford University Press, 2012).

21 C Blackman and L Srivastava (eds) Telecommunications Regulation Handbook (Washington D.C: The World Bank and ITU, 2011).

22 U J Orji, Cybersecurity Law and Regulation (Nijmegen, The Netherlands: Wolf Legal Publishers, 2012).

Cybercrime Act of 2015 and its implications for the protection of telecommunications facilities as critical national information infrastructure.

The dissertation also reviewed the Law of Consumer Protection by F. Monye.²³ This work broadly discusses Nigeria‟s consumer protection regimes. However, the work does not address consumer protection issues in the telecommunications industry. The dissertation also reviewed The Law of Arbitration in Nigeria by G. Ezejiofor,²⁴ the Law and Practice of Arbitration and Conciliation in Nigeria by J.O Orojo and M.A Ajomo²⁵ and The Law and Practice of Commercial Arbitration in Nigeria by G.C Nwakoby,²⁶ however these works do not address the arbitration and alternative dispute resolution regimes in the Nigerian telecommunications industry.

The dissertation also reviewed „Legal Remedies for Consumers of Telecommunications Services in Nigeria‟ by F.O Ukwueze.²⁷ The article examines the remedies available to a consumer who suffered loss or damage as a result of poor quality services and argues that there is an adequate mechanism for redressing consumer issues in the Nigerian telecommunications industry. However, the article does not consider the peculiar challenges that impede the effective redress of consumer complaints in the industry such as lack of access to justice. In „Enforcement of Consumer Protection Laws

23 F Monye, Law of Consumer Protection (Ibadan: Spectrum Books Ltd, 2003).

24 G Ezejiofor, The Law of Arbitration in Nigeria (Lagos, Nigeria: Longman Publishers, 1997).

25 J O Orojo and M A Ajomo, Law and Practice of Arbitration and Conciliation in Nigeria (Lagos: Mbeyi

& Associates, 1991).

26 Nwakoby, G, C, The Law and Practice of Commercial Arbitration in Nigeria (2^nd edn, Enugu: Snap Press, 2014).

27 F O, „Legal Remedies for Consumers of Telecommunications Services in Nigeria‟, (2011-2012) 10 The Nigerian Juridical Review, 143-150.

in Nigeria‟,²⁸ by F.Monye, the author examines the legal regime for the enforcement of consumer protection laws in Nigeria. However, the article does not explicitly address the legal regime for the enforcement of consumer rights in the telecommunications industry.

The dissertation also reviewed a Research Report on the State of Consumer Protection in Nigeria: A Review of Consumer Protection in the Telecommunications Sector in Nigeria by F. Monye, et al.²⁹ The report examines the implications of the Consumer Protection Act with respect to the protection of consumers in the telecommunications industry.

However, the Report does not undertake a comprehensive discussion and analysis of the consumer redress regime under the NCA and its subsidiary instruments. The dissertation also reviewed „Consumer Protection under the Communications Act 2003: A Critical Appraisal‟, by C. J Mgbeokwere.³⁰ The work which is an LL.M thesis examines the legal regime for consumer protection in the Nigerian telecommunications industry while also making comparative study with position in the United Kingdom. However, the work does not undertake a study of consumer protection issues such as unsolicited communications, and telecommunications interception.

Hailiru, M, in „the Development of Consumerism in Nigeria: Prospects and Challenges‟,³¹ examines the development of consumer protection regimes across several commercial sectors including the telecommunications industry. However, the article does

28 Monye, F, „Enforcement of Consumer Protection Laws in Nigeria‟, (2007) 3 (1) Delta State University Law Review, 74- 90.

29 F Monye, et al, Research Report on the State of Consumer Protection in Nigeria: A Review of Consumer Protection in the Telecommunications Sector in Nigeria (Consumer International: January, 2014) pp.16-17, available at <http://www.consumersinternational.org/media/1532727/consumer-protection-in-nigeria-research-report-eng.pdf> last accessed on 30 March, 2016.

30 C J Mgbeokwere, „Consumer Protection under the Communications Act 2003: A Critical Appraisal‟, A Master of Laws (LL.M) Thesis Submitted at the Faculty of Law, University of Ibadan, March 2009.

31 M Hailiru, „The Development of Consumerism in Nigeria: Prospects and Challenges‟, (2012) 1 (4) International Journal of Arts and Commerce, 284-289.

not undertake an in-depth analysis of consumer protection regimes under the Nigerian Communications Act of 2003. In „A Comparative Review of the ECOWAS Data Protection Regime‟, U.J Orji³² undertakes a comparative analysis of the ECOWAS Data Protection Act alongside European data protection regimes. However, the article does not address data protection concerns affecting consumers in the Nigerian telecommunications industry.

The dissertation also reviewed „Regulatory Convergence: Reflections from Nigeria‟, by C. B Opata.³³ The article briefly examines the draft National ICT Policy within the context of telecommunications convergence. However, the article does not undertake a comprehensive review of the draft policy. P C Obutte, in „Telecommunications and the Regulatory Regime in Nigeria‟,³⁴ examined the provisions of the Wireless Telegraphy Act and the powers of the Minister of Communications to manage the national radio frequency spectrum and grant licenses for services and frequencies. However, the work does not undertake a comprehensive analysis of the powers of the Minister of Communications under Nigerian Communications Act of 2003. In C B Opata,‟s

„Transplantation and Evolution of Legal Regulation of Interconnection Arrangements in the Nigerian Telecommunications Sector‟,³⁵ the author examines the legal history of Nigeria‟s interconnection regimes including their origins. However, the article does not

32 U J Orji, „A Comparative Review of the ECOWAS Data Protection Regime‟, (August 2016) 4 Computer Law Review International, 108-118.

33 C B Opata, „Regulatory Convergence: Reflections from Nigeria‟, (2013) 19 Computer and Telecommunications Law Review, 156-160.

34 P C Obutte, „Telecommunications and the Regulatory Regime in Nigeria‟, in G P Krog and A G B Bekken (eds) Yulex (Oslo, Norway: Norwegian Research Center for Computers and Law, University of Oslo, 2004) p.100.

35 C B Opata, „Transplantation and Evolution of Legal Regulation of Interconnection Arrangements in the Nigerian Telecommunications Sector‟, (2011) 14 International Journal of Communications Law &

Policy, 25-39.

discuss related interconnection issues such as collocation and infrastructure sharing and neither does it undertake a comprehensive analysis of the NCC‟s Guidelines on Collocation and Infrastructure Sharing.

The dissertation also reviewed „The Growth and Challenges of Information in Law Practice in Nigeria‟, by B. Udotai³⁶ which discusses the establishment of Nigeria‟s National Information Technology Policy in March 2001, and the National Information Technology Development Agency (NITDA). However, the article does not discuss the implications of the NITDA Act and its subsidiary regulations in the Nigerian telecommunications industry. In „Multiplicity of Taxes in Nigeria: Issues, Problems and Solutions‟ by A. Sanni,³⁷ the author discusses issues of multiple taxation in Nigeria.

However, the article does not elaborately discuss regulatory issues of multiple taxation in the Nigerian telecommunications industry and its implications for operators and consumers in the industry. In „Impact of Multiple Taxation on Competitiveness in Nigeria‟,³⁸ by M. Pitigala, and M. Hope, the authors generally discuss the economic implications of multiple taxation businesses competitiveness in Nigeria. However, the article does not focus on multiple taxation in the telecommunications industry and neither does it discuss a legal perspective to the issue. In „Infrastructural Vandalism in Nigerian Cities: The Case of Osogbo, Osun State‟,³⁹ A.B Ola and Y.Y Adewale discuss the insecurity of critical infrastructure including telecommunications facilities, however it

36 B Udotai, „The Growth and Challenges of Information in Law Practice in Nigeria‟, in N N. Kelvin (ed) Legal Practices Skills and Ethics in Nigeria (Lagos: DCON Consulting, 2004) p.231-340.

37 A Sanni, „Multiplicity of Taxes in Nigeria: Issues, Problems and Solutions‟, (September, 2012) 3 (17) International Journal of Business and Social Science, 232-236.

38 M Pitigala, and M Hope, „Impact of Multiple Taxation on Competitiveness in Nigeria‟, 16 (March, 2011) Africa Trade Policy, 1-9.

39 A B, Ola, and Y Y, Adewale, „Infrastructural Vandalism in Nigerian Cities: The Case of Osogbo, Osun State‟, (2014) 4 (3) Research on Humanities and Social Sciences, 49- 52.

does not discuss the legal protection of telecommunications facilities in Nigeria. In

„Online Surveillance: Public Concerns Ignored in Nigeria‟, J. Dada and T. Tafida,

„Online Surveillance: Public Concerns Ignored in Nigeria‟,⁴⁰ the authors briefly discussed communications surveillance issues in Nigeria, however the authors do not engage in an elaborate legal analysis of communications surveillance powers within the context of existing legal instruments and privacy rights.