The Nigerian
Communications Commission (NCC) may have decided to approach the Court of
Appeals over the Tuesday judgment by a Lagos Court on the ban of use of
shortcodes 35350 by telecom operators, ITRealms
can authoritatively reveal.
ITRealms also gathered from senior
management staff of NCC that the Commission has no other option than to appeal
the judgement and invariably to a higher court for a logical conclusion.
According to ITRealms sources, there seem to be lack
of knowledge of what National Communication Act (NCA) 2003 is all about and
therefore, lacks adequate information to deliver industry-inspired judgement to
engender progress for the sector.
In the word of our
sources, the judgement is definitely a misguided one that will be trashed out
at an Appellate Court, “so there is no cause for alarm.”
For our source, NCC still has about 90 days from March 24 to appeal the case or abide by it byway of paying the stipulated amount of damages.
ITRealms recalls that a court sitting in
Lagos, Tuesday, March 24, 2015 gave judgement in favour of the All Progressives
Congress (APC) against the Nigerian Communications Commission (NCC) over the ban
on mobile telecom shortcode – 35350, ITRealms
reports.
The
court, ITRealms reports also ordered
the NCC alongside five mobile operators to pay APC the sum of N500 million as
damages.
The APC
had on the wake of the ban, draggred NCC and some five mobile operators to
court, including MTN Nigeria, Glo, Etisalat, Airtel and Visafone, while NCC
reportedly placed the ban because of suspected use of mobile short codes for fundraising
Short Messaging Service (SMS) on which NCC said did not pass through due
process and amounts to short-changing Nigerians, especially unsuspecting
electorates and mobile users.
Also, quoted
the Lagos state Governor, Mr Babatunde Raji Fashola (SAN), who doubles as the
Chairman Buhari-Osinbajo Presidential Campaign Fundraising Committee in Abuja.
He said, the
commission’s ban on the party’s mobile fundraising shortcode was a breach of
constitutional provisions and amounts to double standards.
He
stressed that the party has no other choice than to seek legal redress of the
action.
According
to him, the directive to shut the platform was contained in a letter dated
January 19, with reference number NCC/CAB/GEN/2015 VOL.1/004, which was signed
by officials of the NCC.
Fashola noted
that the letter was signed the Director of Consumer Affairs, Mrs Maryam Bayi,
and Head of Legal and Regulatory Services, Mr. Yinka Akinloye, on behalf of the
NCC Executive Vice Chairman, Dr. Eugene Juwah.
He
further alleged that NCC was operating double standards, recalling that in
2010, approval was granted the Jonathan/Sambo campaign organisation to raise
funds using such a platform, but that the APC was being denied the same right
in 2015.
“We have
advised our lawyers to go to court; they are preparing the papers now. In 2010,
approval was given to the Jonathan/Sambo campaign to raise fund (using such a
platform). The rule seems to have changed in 2015,” he alleged.
Mr.
Fashola noted that even though the platform was established when APC
presidential candidate, Muhammadu Buhari, was still seeking the party’s
nomination as flag bearer, “it is still up and running and supporters can still
donate.”
Consequently,
Mr. Justice Ibrahim Buba said the ban lacus standi.
“The
directive by the NCC to the telecoms firms is hereby struck out having been
made without power and in contravention of the fundamental rights of the
applicant (APC)” he declared.
Justice
Buba also ordered the payment of N500m as damages to APC.
The NCC
or any of the operators joined in the suit have reacted to the judgement.
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