The Nation Newspaper

Tag: gsm

  • Appeal Court validates Econet’s five per cent shares

    Appeal Court validates Econet’s five per cent shares

    The Appeal Court, Lagos judicial division last week validated the five per cent shares of Econet Wireless International (EWI) in the Econet Wireless Nigeria (EWN) as its equity contribution for the operation of a Global System for Mobile Network (GSM) in Nigeria.

    The judgment, read by Justice Habeeb Abiru, upheld the decision of Justice M .L Shuaibu of the Federal High Court, Kaduna delivered on January 24, 2012, which restored EWI to its rightful position within the GSM 13 years ago.

    The appellate court held that the Arbitral Tribunal chaired by Hon. Justice Emmanuel Sanyaolu, was in order for declaring that the Offer Letter made by Celtel Nigeria BV to Econet Wireless Limited was right.

    EWI had dragged EWN to the Federal High Court and claimed among others, that the plaintiff is still a shareholder and member of the 1st Defendant’s company; that the 1st defendant’s letter of November 24, 2003 removing the plaintiff’s name as shareholder and member of the first defendant’s company is illegal, null and void; that all general meeting (be it annual or extra ordinary) of the first defendant held after November 13, 2003 and to which the plaintiff was not put on notice are irregular, illegal, null and void; that all resolutions passed by the company in lieu of the holding of general meeting pursuant to the provisions of Section 234 of the Companies and Allied Matters Act 1990 to which the plaintiff is not a party, is irregular, illegal, null and void.

    EWI also sought from the court a declaration that pending the determination of the suit and suit No. FHC/CS/962/2003 between the parties, pending before the Federal High Court, the first defendant could not and should not transfer its assets(including the license granted to it by the defendant) for the operation of GSM Networks(GSM) in Nigeria, to any company incorporated and jointly owned by the first defendant and Vodacom and any other company; that notwithstanding the provisions of Section 234 of the Companies and Allied Matters Act, a resolution to effect a change of name of the first defendant cannot be validly effected without complying with the provisions of Sections 31 (3) and 45(1) of the Companies and Allied Matters Act amongst other provisions.

    The company asked the court for an order setting aside all resolutions and decisions taken at any such meeting as referred to in clause 3 and 4 above; an order of injunction against the second defendant from giving any effect to any request made to it by the first defendant for the transfer of the license granted to it by the second defendant until the determination of the suit and suit No. FHC/L/CS/ 962/2003 and an order of injunction restraining the first defendant from doing any of the acts set out in claim 7 above.

    It further asked for an order setting aside the resolution circulated by the 1st Defendant pursuant to the provisions of Section 234 of the Companies and Allied Matters Act.

    EWI had claimed that by the provisions of the CAMA 2004, it was a member of EWN validly holding five percent of the shares of EWN and that by the provision of Section 90 of CAMA, EWN had no power to delete its name from EWN’s register of members without the sanction of the court. The company further argued that the Corporate Affairs Commission (CAC) had no right in law to change its name in spite of its protest. EWI therefore, urged the appellate court to determine:

    (i.) Whether the lower court was correct when it held that the appellant did not make out a credible case showing that the share certificates issued to the first respondent as the registered owner of five million of its ordinary shares fully paid up were wrongly, unlawfully or irregularly given or were given in error without authorisation by its board of directors, or upon a mistake or misapprehension and misrepresentation and that the entry without sufficient cause;

    (ii.) Whether the lower Court was correct when it held that the Board of Directors of the appellant was not, in the circumstances of this case, empowered under the provisions of members by deleting the name of the first respondent thereon without first seeking or obtaining the leave or sanction of a court to do so.

    Justice Abiru’s judgment, which was endorsed by Justices AbuduAboki and Ita .G. Mbaba upheld the decision of Justice Shuaib, which initially dismissed the submission of CAC that it had the right to change the name of EWI.

    Justice Mbaba in supporting Justice Abiru reasoned that: “Appellant can not be taken serious to say that it made and lived under the alleged error or mistake, considering the fact that first respondent’s acceptance and registration as shareholder in the Appellant had passed through intense negotiation and scrutiny (which even included a court process and order, as per suit No. LD/1408/2001, which admitted the minutes of the board meeting of the Appellant, held on 19/6/2001 (Exhibit C2), allotting the five million ordinary shares to the first respondent). And the Extra ordinary general meeting of the Appellant, held on October 6, 2003, as per Exhibit D4!

    “How come the Board of Directors now alleges making mistake or error in the registration of the 1st respondent as shareholder, after their final decision had been ratified at the Extra Ordinary General Meeting of the Appellant, reached in October, 2003,” he held. Justice Shuaib had granted the plaintiff’s declarations and held that: “In the light of the above and considering my findings, judgment is accordingly entered in favour of the plaintiff against the defendants to the effect that the removal of the plaintiff as shareholder and member of the first defendant was illegal and that the meetings held after November 13, 2003 to which the plaintiff was not put on notice was also illegal, null and void. Consequently, the resolutions and decisions thereby taken as well as the effects given by the second defendant are hereby set aside.”

    The appellate court, confirming the decision of the lower court, held that EWI was duly registered as a member of EWN.

    The upper court also dismissed the counter-claim of EWN that it suffered cash losses as a result of EWI’s inability to pay for its shares. On the arbitral tribunal issue, Celtel Nigeria BV had earlier dragged Econet Wireless Limited; Delta State Ministry of Finance Incorporated (DSMFI); O&O Network Ltd; DTSG Ecoshares Limited; FBC Asset, AkwaIbom Investment & Industrial Promotion Council; Ibile Holdings Limited; First City Telecoms Limited; LAC Telecoms Limited; All speaks Nigeria Limited; S&D Ventures Limited and Oceanic Securities International Limited before a Lagos High court presided by Justice Oludotun Adefope-Okojie .

    Other respondents are Mr. Boye Olusanya; Mr. Tunde Hassan Odukale; Condor Investments Limited; Mr. Bolaji Balogun; Broad Communications Limited; Mr. Oba Otudeko; Ms. Foluke Otudeko and Mr. Ayo Adeboye. Since it is a consolidated suit, Ibile Holdings Limited also sued all the respondents listed above including Celtel BV.

    The third suit, which was consolidated before Justice Adefope-Okojie, was initiated by DSMFI and DTSG Ecoshares Limited listed the same respondents while the suit by Akwa Ibom Investment and Industrial Promotion Council was the fourth suit where the same respondents were listed. The relief sought from the court by Celtel Nigeria BV include:

    (i) An order setting aside the Partial Final Award dated September 22, 2011 and made by the Arbitral Tribunal, constituted of Hon. Justice E. O. Sanyaolu (rtd), Mr Fidelis Oditah QC, SAN and Mr Stephen Bata and

    (ii) An order of injunction restraining all respondents identified above by themselves, their servants, agents and or privies from taken steps by doing anything whatsoever towards reconvening, reconstituting and/or participating in further arbitration proceeding subsequent to the Partial Final Award dated December 22, 2011 before the arbitral panel constituting Hon. Justice E. O. Sanyaolu (rtd) Mr. Fidelis Oditah QC, SAN and Stephen Bata by any means whatsoever, including electronic mail communications, video conferences or any other means towards concluding procedure in respect of the final award of damages.

     

     

     

    Six issues that were raised for determination Celtel Nigeria BV, which are similar to the issues raised by other parties include:

    1. Whether the Akwa-Ibom, applicants are out of time and should be granted an extension of time to set aside the Arbitral Award?

    2. Whether the court has jurisdiction to set aside an international commercial award and what test should this Court adopt in deciding whether or not to do so?

    3. Whether the Arbitrators misconducted themselves in assuming jurisdiction and deciding the parties’ right under the Shareholders Agreement dated 30th April 2002 when there was a pending action filed by Econet Wireless Limited in Suit LD/841/2006 under the Offer Letter Contract dated 2nd May 2006 thereby constituting an abuse of process?

    4. Whether the Arbitral Tribunal was properly constituted in accordance with Clause 25 of the SHA and/or Section 7(3)(c) of the Arbitration and Conciliation Act?

    5. Whether the Arbitral Tribunal has power to award money damages in lieu of the relief sought to unwind the previously executed sale of shares?

    6. Whether the Court should set aside the award?

    The tribunal first held that “with regard to international arbitrations, this court does not have authority to extend the time to set aside an international commercial award, time limit for which as stated in section 29 (1) of ACA to be three months. I hold the Originating Motion of the Akwa-Ibom Applicants as time barred and strike out their application. I resolve this issue against the said Applicants”.

    To resolve the issue, Justice Adefope- Okojie raised six issues for determination when the arbitral matters were brought before her.

    She held that the court has jurisdiction to set aside an international commercial award. While endorsing the tribunals award, the court agreed with the tribunal that “the claims in LD/841/2006 are for alleged breaches in the Offer Letter and which Offer Letter Contract, Econet seeks for an order setting aside the sales of Celtel whereas the claim before the Tribunal is for breache of the SHA in relation to Econet’s rights of pre-emptions”.

    On whether Justice Abdullahi Mustapha, the successor to Justice RoselineUkeje as Chief Judge of the Federal High Court, had power to constitute the Arbitral Tribunal, the Court held that, “with the rule in question do not preclude the incumbent CJ of FHC from exercising the power of appointment given by Clause 25.1 of the Shareholders Agreement (SHA)”.

    Justice Adefope-Okojie held that, “I do not see any decision made by the Tribunal on these claims which are wrong and vicious. The fact that this Court may have arrived at a different decision is no reason. I hold, to set aside an Arbitral Award, the parties, by Clause 25(2) of the SHA have agreed would be binding on them.

    “Having decided all the issues for determination against the Applicants and in favour of Econet, I dismiss the Originating motions filed by the Applicants, Celtel Nigeria Ltd, Delta State Ministry of Finance Incorporated, DTSG Ecoshares Ltd, akwa-Ibom Investment and Industrial Promotion Council and Ibile Holdings LTD, for the setting aside of the Partial Arbitral Award or part thereof made by the Arbitral Panel on 22nd December, 2011, I refuse the other prayers sought in the said applications”.

    It was this decision that was taken to the Court of Appeal, Lagos Judicial division before the panel of Justices Sidi Dauda Bage, Joseph Shagbaor Ikyegh and Tijani Abubakar. In the lead judgment delivered by Justice Ikyegh, which was endorsed by Justices Bage and Abubakar and upheld by JusticeAdefope-Okojie, the court ruled and held:

    “I conclude that the clause in the Offer Letter Contract which arose from the performance terms of Clause 17.2.2. of the Shareholders Agreement as it related to the Shareholders Agreement, that the arbitral tribunal decided did not determine the crux of the Offer Letter Contract itself, therefore the arbitral tribunal did not exceed its mandate in deciding and making the arbitral award, in my view.

    “The arbitral declaratory award, therefore, did not materialize into giving the 1st respondent a self-executory and/or enforceable toothless, as it had no enforceable element in it. It is the award of some damages to be sorted out at a future date that the arbitral tribunal made that had the teeth to bite. So, the practical and tangible take home arbitral award in favour of the 1st respondent was the damages. Accordingly, I do not agree with the appellant that the tribunal committed a misconduct by awarding double compensation (if any) to the 1st respondent.

    “In conclusion, I find no convincing basis to disturb the decision of the court below upholding the arbitral award which is good on its face. The appeal, though rigorously argued by the appellant, and rigorously resisted by the first respondent, has no merit. On the whole I see no substance in the appeal and hereby dismiss it and affirm the decision of the Court below presided by Justice Adefope-Okojie).

     

  • Adeseun set to empower constituents

    IN fulfillment of his electioneering promises, the senator representing Oyo Central Senatorial District, Chief Ayo Adeseun, has concluded plans to empower members of his constituency.

    In a statement by the lawmaker’s media office, it enumerated his achievements, which include the provision of functional solar powered boreholes, solar powered street lights, rehabilitation and reconstruction of roads in all the 11 local government areas making up the district.

    The statement also added that the latest empowerment programme will have about one thousand students spread across all the tertiary institutions of Nigeria being given bursary awards, while 25 people selected from 14 local councils will undergo training and skill acquisition in soap and pomade making, poultry and fish farming, to mention but a few.

    In addition, vehicles, motor cycles, generators, deep freezers, sewing and grinding machines, GSM package, farm implements will be distributed freely to thousands of the constituents.

     

  • Subscribers’ body moves to bar operators from paying NCC’s fines

    Subscribers’ body moves to bar operators from paying NCC’s fines

    A subscriber body, the National Association of Telecommunications Subscribers (NATCOMS), filed yesterday a matter in court seeking to stop the payment of the fine imposed on three global system for mobile (GSM) communication service providers in the country.

    In a suit filed before a Lagos High Court by the Trustees of NATCOMS against the Nigerian Communications Commission (NCC), Licensed Trustees of Association of Licensed Telecoms Operators of Nigeria (ALTON), MTN Nigeria Communications Limited, Airtel Networks Limited, Emerging Market Telecommunications Service Limited (Etisalat) and Globacom Limited as first, second, third, fourth, fifth and sixth defendants, the plaintiff is seeking an order of interlocutory injunction.

    According to a copy of the court papers, the plaintiff is seeking “an order of interlocutory injunction restraining the 1st defendant/respondent, its agents, privies, assigns including but not limited to its directors and officers, or any other persons or group of persons deriving authority through them from acting or purporting to act or giving effect to the 1st defendant/respondent’s decision purportedly imposing a fine of N185million on 3rd & 4th defendant/respondents each and N277.5milllion on the 6th defendant/respondent on account of poor quality service, pending the final determination of the substantive suit.”

    NATCOMS is also seeking “an order of interlocutory injunction restraining the 3rd, 4th & 6th defendants/respondents, their agents, privies, assigns including but not limited to their directors and officers, or any other persons or group of persons deriving authority through them from acting or purporting to act or giving effect to or complying with 1st defendant/respondent’s decision purportedly imposing a fine of N185million on 3rd & 4th defendants/respondents each and N277.5milion on the 6th defendants/respondents on account of poor quality service, pending the final determination of the substantive suit.”

     

  • Legislative perspectives on technology convergence

    Oftentimes, human nature bestows on us the instinctive and sprawling capacity and capability to vacillate between extreme options of bad and good demeanour under varying circumstances, but the reality of modern society requires and demands that caution, restraint, modesty, monitoring supervision and reward system are needed and compelling – to establish peace, guarantee orderliness, encourage civility, imbibe fellowship, pursue egalitarianism and promote justice for the smooth, modest, organized and unfettered cohabitation and coexistence of humans everywhere.

    Thus, to all intents and purposes, various forms of governance are devised and put in place for the proper management of society to enhance peaceful coexistence, equitable distribution of resources and opportunities, engender smooth interaction within and across borders and foster unity and harmony amongst the people. The basic irreducible minimum required for the smooth running of society is the establishment of the “rule of law” to guarantee peace, order and good governance. Such an arrangement manifests in the “legislation” of virtually every sphere of human endeavour. These legislations manifest as a body of laws, rules, regulations, acts, bills, statutes, enactments and ordinances – all of which form the barometers to drive all the various sectors of society – social, economic and political.

    Please observe that all such legislations derive their potency, legitimacy, authority, inspiration and strength from the constitution of the country that ideally and ab initio represents the will, yearnings, aspirations, inspiration and resolve of the hoi polloi. Whilst giving verve to the citizenry and support to all established institutions, the essence of legislation therefore, is to observe, monitor and regulate not only the behaviour of the people as they interact – to avoid skirmishes or breaches of the rule of law, it is also designed to ensure and manage overall best practices in governance, commerce and business – thereby stimulating progress and fostering growth and sustainable development in its full ramifications. This stance and gift of legislation is even more so relevant when the popular and well-acknowledged sanctuary that could underwrite and give succour to the yearnings and aspirations of the people, is the government of the people by the people for the people – this arrangement happens to be the government of the day, here. In fact, political pundits relish and extol democracy as the best form of government currently known to man – the world over.

    In the end, every sector of society relies on legislation to operate or function well and be part of world order that is the harbinger of international best practices in all perspectives. Technology and its evolving convergence are surely part of this legislative wholesomeness.

    The foregoing is to acknowledge and underscore the incontrovertible importance of legislation as the live wire of a nation more so a developing one as Nigeria. Its impact on the concomitant services generated by the development and deployment of technology – distinct or convergent, is invaluable, as the purpose of technology itself, is to bring about welfare, security, comfort and fulfilment to the citizenry – culminating in growth and sustainable development for the country, at large.

    In the quest for comfortable, luxurious, safe and secured living especially, since the outset of industrial revolution, man has constantly and irrepressibly toiled in the cumulus waters of research, dynamic innovations and creativity to discover, develop and deploy technology – the scientific knowledge behind machinery and equipment that are meaningful and useful to humanity in time and space. The continual efforts of researchers – in the ambience of an ever-increasing demand for cognate services at the marketplace, have brought about gargantuan and meaningful developments in various fields across the globe – thus, enhancing growth and sustainable development for the socio-economic and political advancement of society. Incidentally, Information and Communication Technology (ICT) has been at the frontiers and over time, at the front burner of development – steering and managing every sector of human endeavour. Today’s ICTs are the drivers of the current global connectivity that has turned the world into a converged global village. Indeed, this growth vehicle (ICT) has turned around small and big economies and still enhancing the fortunes and prosperity of its developers and those that imbibe the culture which Information and Communications Technology (ICT) revolution brought in its trail.

    As ICT presents an indomitable and inescapable footprint and launching pad for the development of all socio-economic and political sectors, it is therefore the chosen technology on which platform we could examine technology convergence and its interplay with legislation and regulation at the marketplace. Given its sprawling impact on technology development, economic and commercial influence coupled with its widespread use across the globe, the telecoms technology as epitomized by the mobile cellular phone technology especially the GSM

    extraction, is leading the way and direction in the ICT family. The shrinking and ongoing convergence of the erstwhile distinct sectors of telecoms, computing and broadcasting or multimedia, in the face of flourishing broadband technology (fixed and mobile) is the case at issue. It is no longer flummoxing to observe that with a single piece of mobile device you could talk (voice), send text messages (data), browse the Internet (data), watch football matches or drama (video), discuss on live television and radio (media streaming), do online shopping (data), engage in mobile banking (data) or mobile music (voice), enjoy location-based services (data) like personalized weather service or real-time traffic data and also have the benefit of other information services like stocks or horoscope etc. Indeed, the list is virtually endless.

    THE CONVERGENCE ISSUE

    Technology convergence is the fusion of erstwhile distinct or separate technologies and indeed, technical entities to achieve a desired synergy of functionalities, management and more diverse and bespoke services. Thus, heterogeneous or separate technologies, systems and networks are continually brought together and implemented using common protocols to enhance uniformity, seamlessness and interoperability – thereby, providing a wider range of diverse services whilst, achieving savings in capital (CAPEX) and operational costs (OPEX) for the network and service providers. A very glaring and incontrovertible front-burner case at issue, is the Information Communication Technology (ICT) in which networks merge, markets merge, services merge and users even merge – all, eliciting a total convergence in the evolutionary ICT domain. Indeed, the convergence between fixed and mobile networks and services often referred to as Fixed and Mobile Convergence (FMC) in the ambience of robust broadband technology that is rapidly diffusing and closing the hitherto, distinct boundaries of Telecoms, Computing and Broadcasting or multimedia sectors, has brought about a number of policy, legislative and regulatory issues.

    LEGISLATION AND REGULATION

    The aftermath of globalization of the recent past culminated in the deregulation of the entire marketplace albeit, in varying degrees and also laden with geocentric hue across the globe. Whilst deregulation encourages and promotes competition thereby allowing markets forces to determine pricing regimes and other market processes and procedures, the need to protect consumers from unwholesome and unbridled practices of some industry practitioners – for instance, incumbent or dominant operators, however, has become exceedingly necessary and imminent.

    To all intents and purposes, legislation gives the regulation of ICT – both in its distinct forms and divergent character, the empowerment and teeth with which to bite and reprimand any erring network or service provider who contravenes any provision of the licence conditions in the course of providing services, irrespective of location – within and across borders. Essentially, such sanctions and penalties that regulators impose for market abuse as a post-licence oversight responsibility, range from monetary fines – a percentage of company’s turnover, modification of licence and additional licence obligation, to outright licence revocation.

    The policy, legislative and regulatory challenges that are thrown up at the instance of ICT convergence are mainly on licensing with its attendant reverberations. Ab initio, specific services or a generic group of services were deserving of separate licences but with convergence, a service provider can now deliver multiple services (converged) to a customer with a single subscriber number on which one bill is raised, and the customer is also served from a single integrated network rather than two distinct (fixed and mobile) terminals. Incidentally, such a flexible service provisioning that obliges a consolidation of different services in a generic categorization or the unification of all services under a single licence or concession referred to as a “Unified Licence” also promises a reduction in operational costs and complexity.

    This convergence posturing that is being adopted worldwide, as opposed to the traditional service-specific orientation, is based on the principles of technology and service neutrality.

    There is also the so-called licence-exempt case that is a total departure from the erstwhile licensing procedures. Here, most administrative and traditional formalities are jettisoned giving way to ordinary registration or even simple notification to the regulator of the intent to offering services.

    Although a wider range of services have been brought into the fold through these over-simplified and flexible reforms, policy-makers and legislators alike are still mulling over the reverberations these reforms are gradually seeping into the industry and marketplace. However, this challenge does not detract anything from the recognition the reforms are giving the rights and obligations of network and service providers. Other important areas of interest where consideration is essential include, spectrum assignment and use, interconnection and numbering scheme.

    •Bello, A former Managing Director of NITEL presented this paper at West Africa Convergence Conference in Lagos

  • Sanctioning telcos

    Sanctioning telcos

    •Govt should compel them to perform or face sanctions

    POOR quality of service (QoS) is a problem consumers have been enduring for years, in spite of the telecommunications revolution that the country witnessed in 2001 with the advent of the Global System for Mobile (GSM) communication in the country. And this is causing the Federal Government a lot of concern.

    It was government’s concern that prompted Omobola Johnson, Minister of Communication Technology, to warn at a joint press conference by the ministry and the Consumer Protection Council (CPC) of Nigeria, that government will no longer condone poor service delivery to telecoms subscribers: “Henceforth, it is no longer business as usual, and operators must rise up to redress the current poor state of service delivery”, she said.

    Over the years, the Nigerian Communications Commission (NCC), the regulatory agency for the telecoms sector, had taken some actions to remedy the situation. For instance, last year, the four major mobile network operators (MNOs), MTN, Glo, Airtel and Etisalat were fined a total of N1.17billion ($7.38million). That the QoS challenges persist suggest that firmer actions needed to be taken against the telecoms providers.

    It is against this background that we welcome the Federal Government’s decision to sanction or prosecute erring ones among them over the matter and sundry other concerns that have been agitating the minds of subscribers. The collaboration between the Federal Government, through the Federal Ministry of Communication Technology and the CPC is pointer to the fact that it will, henceforth, be business unusual on the part of the telcos. It is good that the government seems set to compel them to improve on their operations or face sanctions. The same telcos that cannot cope with normal service delivery have compounded the problem with unsolicited messages as well as telemarketing calls they deliver to subscribers on their networks.

    At the root of the poor QoS is failure of the operators to expand their facilities. And if they are doing this at all, it is not commensurate with the traffic. Yet, about N979billion was to be ploughed into network expansion this year alone.

    The December 31 deadline to them to meet minimum requirements for service delivery, failing which they will not be allowed to embark on further network expansion initiatives is welcome. Indeed, it is surprising that the operators had to be given a deadline on this. Perhaps more shocking is the continued selling of SIM cards by them, when those already on the networks are not having value for their money.

    Of course we are not unmindful of the fact that the telcos have their own peculiar challenges. These include challenges in the area of deploying or maintaining infrastructure, vandalisation of their equipment, multiple taxation, power inadequacy as well as the prohibitive costs of doing business in Nigeria. But the profits posted by the telcos show that they can still do better if only they reckon that subscribers, as customers, are kings.

    The fact is, the telcos are also not helping matters. In some other countries, they cut cost through co-location, for instance; which is sharing of some facilities like masts, etc., instead of hoisting individual masts. The procurement, running and maintenance costs are thus shared among the collaborating operators.

    It’s high time the government rescued telephone subscribers. Its threat to sanction or prosecute erring telcos this time around should not be an empty threat; it should be sincere about it at least to prove that Nigeria is not a place where companies can take Nigerians for granted and get away with it.

    As a matter of fact, that the government itself is wading into the matter suggests that the NCC is not working as it should. Perhaps it is high time the government reorganised the commission itself.

  • How GSM operators exploit subscribers

    How GSM operators exploit subscribers

    Nigerians welcomed with open arms the liberalisation of the telecoms sector 12 years ago. They jumped at the opportunity to talk, notwithstanding how much it will cost them. LUCAS AJANAKU writes on the ways service providers cheat their customers.

    He is now scared of recharging his mobile phone. Reason: Each time he recharges, the airtime is wiped-off even without making voice call, assessing data service or using the short message service (SMS) platform.

    The subscriber, who simply identified himself as Tolu, became frustrated. So, when the Nigeria Communications Commission (NCC) introduced the mobile number portability (MNP) about three months ago, he thought respite was on the way. He thought all he needed to do was to port to another service provider and still retain the number he has become used to since the coming of the global system for mobile communication (GSM) in 2001.

    Tolu was shocked as his efforts to port have been frustrated by his network, the donor operator.

    Tolu’s fate is similar to that of millions of subscribers nationwide. They just buy cards (airtime) but cannot account for how the airtime is used. As usual, they pick their mobile phones, hoping that there is enough airtime in it only to discover that their service provider has blown the airtime off.

    Findings show that the operators explore one or all of the following avenues to blow their subscribers’ airtime.

     

    ‘Flashing’ with conventional numbers

    One way the operators undo their subscribers is by using the 11-digit mobile telephone numbers to ‘flash’ their customers. Some of the operators resorted to this method because the subscribers have become used to the initial three-digit code they were using to call their customers.

    The idea is that when the unsuspecting subscribers see the ‘flashing’ they will easly mistake it for a missed call. The subscriber will be left with no choice but to call back. Mrs Esher Akomolafe, a subscriber said she fell victim several times because she has youngsters in school who depend on her. “I have three young ones in school out of Lagos, so when they are broke, they could use their friend’s mobile number to ‘flash’ me so that I could call them. I have called such numbers only to discover that it was from my operator,” she lamented.

     

    Billing without call

    It has become the practice with some of the operators to also send bills to their subscribers for calls not made. Such bills are sent in quite neglible sums. For instance, it could be N10 but could be sent about four or five times a day in intervals.

     

    Data service bill
    Data services ought to be optional for subscribers. So, it is curious when some operators send bills intermittently to their subscribers that they have spent certain amount of money accessing the internet.

    These bills are sometimes sent to the mobile phones of people who are barely literate and could hardly think of configuring their mobile phones to access the internet.

    “When I bought my Nokia Asha phone recently, my service provider sent internet setting configuration to me no sooner had I inserted the SIM. I am not sure if I ever accessed the internet through the mobile phone, yet I get bills. I called my operator but its only promises I get,” a subscriber who identified herself simply as Efe complained.

     

    Imposition of ring back caller tunes

    Some of the operators force ring-back caller tunes on their subscribers. What they do initailly is that they give the subscribers the impression that the service was going to be free but as soon as the subscriber swallows the bait, opting out becomes a problem and deduction for such services is the first the service providers go for at the end of the month.

    Though provisions are usually said to be made for opting out through specific code sent to certain numbers, it is better not to go in at all because going out becomes a great deal of problem to the subscribers. “My mummy was surprised that her caller ring back tune is our Lord’s prayer. She initially asked me to help her opt out but after several attempts, she gave up and accepted it, afterall she is of the Roman Catholic faith,” an intern, who simply identified herself as Uloma said.

     

    Imposition of alerts

    Some operators are also in the habit of imposing alerts on their subscribers. Such alerts are either on football, Bible and others

    These alerts are most times, imposed on the subscribers by the operators. Though they are dissatisfied, they are usually left with no choice but to see it as an incurable disease that could only be endured.

     

    NATCOMS response

    President, National Association of Telecoms Subscribers (NATCOMS) Deolu Ogunbajo, said the body has been inundated with complaints by aggrieved subscribers over being short changed one way or the other by their service providers.

    He said alerts are also of great concern to the NCC. This, according to him, has made the regulator to now restrict the time the operators send alerts to their customers.

    “Caller tunes are a global practice. What we are going to do now is to step up education and enlightenment for our members not to accept some of the codes the operators send to them,” he said.

    For unsolicited data connection, Ogunbanjo said: “A lot of people have complained about data too. In the court process we are doing, we are asking the court to put in place, a proper consumer management scheme and put an era of sanctions in place. If a subscriber complains, even when they accept liability, it takes them so long to right the wrongs if they ever do. What we are pushing for is for a penalty that will have time limt attached. So if the time limt for that penalty is exceeded, it should attract further punishment.”

    Efforts to get the reaction of the Association of Licensed Telecoms Operators of Nigeria (ALTON) was futile as calls made to the phone number of the Chairman of the group, Gbenga Adebayo, was not picked. Also, a text message sent to him was not acknowledged at the time of going to the press.

    Also calls to Mrs Ngozi Obidike of Lagos office, Consumer Protection Council (CPC) were not picked.

  • Jubilation as GSM is restored in Yobe

    There was jubilation yesterday in Yobe State as mobile telephone services were restored in the state.

    Most residents, who spoke with our correspondent, were happy over the development.

    Inua Sani, a taxi driver, said the restoration of GSM services showed that the security situation had improved.

    “They took away the network because of the security situation. Now that we have it back, it means Yobe is gradually moving away from the bad times into good times.

    “I am sure that the security situation has improved if not the security will not allow it to come back. We thank Allah,” he said.

    There were growing concerns among the residents as poor connectivity marred the restoration of the networks. Several calls could not be connected.

    “My battery has ran down as I am talking to you. Since the network was restored, I have not made one single call because of how poor the service is.

    “Maybe the congestion is too much or the network is too weak. But I am happy that it’s back all the same. At least we have hope now,” said a civil servant, who simply identified himself as Abduallahi.

    It was learnt that in the major towns in the state, including Damaturu, Gashua, Nguru, Potiskum, Gaidam, among others, services have been restored.

  • GSM provider in illegal bunkering mess

    •Navy arrests ‘oil thief’
    •Boat, 150 drums seized

     

    Troops of the Joint Task Force (JTF) in the Niger Delta have raided the base of a popular GSM service provider in Warri, Delta State, for alleged complicity in illegal bunkering.

    The Task Force operatives stormed the facility at Edjeba, following reports that a truck loaded with illegally refined crude oil was discharging at the base station.

    The Operations Officer of the 13 Battalion, Capt Mohammed Abdulahi, led soldiers to the scene at Izuokumor Street.

    Capt. Abdulahi said 15 drums of illegally refined diesel were recovered.

    “It is sad that a company like this that should be discouraging this criminal act is actively partaking in it.

    “Unfortunately, we couldn’t make any arrest, but we have our strategy in place to tackle it,” he said.

    It was gathered that residents of the area raised the alarm on the pollution around the vicinity.

    “We have been complaining about the black diesel polluting everywhere; when we approached them, they said we should be grateful because they are helping us to chase away mosquitoes,” a landlord, Paul Ekrirhe, said.

    Ekrirhe, who owns the land on which the base station is built, said the activities of the company are a source of concern for residents.

    “If you look at this road, you will see that the point up to where the base station is located is a mess. The company brings its heavy duty trucks and destroyed everywhere,” he added.

    The JTF also arrested seven suspects, who were allegedly ferrying canoes of crude oil in Warri.

    The suspects are Peter Abodu (20); Love Aloro (40); Vincent Korokoro (25); Disemi Lewis (18); Kenitebo Mike (19); Nicholas Ebie Joel (29) and Peter Tenibonu (20).

    Recovered from them were four water pumping machines; N9,450; seven mobile phones; one phone battery; two speed boats; drums and tanks of hot liquid suspected to be diesel.

    Kookoro, a father of one, said poverty led him to the business.

    Another suspect, Abodu, said he was given a lift to Warri when he was arrested.

    Yet another, Peter Tenibonu, who claimed to be 20, contrary to his looks, thrilled reporters when he said his old look was as a result of hard work.

    He said: “My look is because of hard work. I have no job. Since I left secondary school, I could not get a job. So I joined bunkering business. I make N15,000 per trip.”

    In Calabar, the Cross River State capital, naval operatives arrested a suspected oil thief.

    They seized a large wooden canoe containing 150 200-litre drums, some of which contained diesel.

    Commander of NNS Victory Cmd James Oluwole said at about 2am yesterday his men ran into suspected oil thieves around the Nigeria National Petroleum Corporation (NNPC) jetty in Calabar.

    He said: “What happened yesterday morning around 2am during one of our patrols around the NNPC jetty, we impounded a canoe with about 150, 200-litre drums of what we suspect to be stolen refined products from NNPC pipeline.

    “One of the men was arrested while the others jumped overboard when they sighted our men.”

    He said the products and suspect would be handed over to the Nigerian Security and Civil Defence Corps (NSCDC), which handles such matters.

    The suspect, Orok Okon, 35, said they were seven of them on board when they were accosted by the Navy but the rest escaped.

    He said they picked up the drums from Creek Town in Odukpani Local Government Area and were taking them to Jebbs in Calabar-South when they were arrested.

  • 4 reasons why the GSM voucher printing venture is enticing

    The GSM voucher business is attractive to everyone interested in making steady cool of income. Why is this business line enticing?

    1.DURABILITY : This is a business line whose products i.e the voucher and cards are durable. They do not expire for a long time. However , you need to take proper care so that your raw pin numbers are not exposed to people around you who could use the numbers before you go to print.

    2. RELIABILITY: This business line is reliable, if you are not in a rush to get rich quickly. This business requires patience and focus for you to make good returns. The truth is , this line of business is volume-driven. This means, like in petroleum marketing, the more money you invest and sell , the more profit you get. This also means that your total profit volume is dependent on your marketing skills and strategy.

    3. FLEXIBILITY : The GSM voucher business is very flexible in terms of operation. You can easily add this line of business to other businesses or the work you are currently doing. You print at your own convenience and market.

    4. ALL TIME SALES : The vouchers are demanded all the time. If you plan and execute your marketing strategies adequately, the sky is the limit to your profitability.

    Obtain a comprehensive, hold-me-by-hand e-manual which shows you all you need to know, how to organise, and market the vouchers profitably.

  • NCC queries GSM firms for poor service

    NCC queries GSM firms for poor service

    ALL trunks are busy; please try again later.” “Your call cannot be completed now; please try again later.” “The number you have dialled is incorrect; please check the number and dial again.”

    Mobile telephone service quality has hit an all-time low. Not only subscribers are worried; the regulators are also disturbed.

    The Nigerian Communications Commission (NNC) has written to all the network operators to explain why service quality has suddenly crashed.

    NCC spokesman Tony Ojobo told The Nation yesterday that the commission had been inundated with complaints over the sudden decline in service quality.

    The operators are expected to explain why the situation has gone so bad. The regulator will deploy its engineers to test the facilities of the operators to see if they meet the key performance indicators (KPIs) they signed.

    “We have observed that the service quality has gone down again. We have received complaints from subscribers who said they have tried to do one thing or the other on the networks, which was futile. Based on these complaints, NCC has asked the operators to explain why the situation is so. We are not stopping at that; we are also deploying our engineers to test their (operators’) facilities,” Ojobo said.

    The NCC recently lifted its ban on all promos and lotteries that ride on the network. Sector analysts say the decline in the quality of service may not be unconnected with the lifting of the promos and lotteries.

    National Association of Telecoms Subscribers (NATCOMS) President, Deolu Ogunbanjo, said the NCC ought not to have lifted the ban because doing so has unwittingly led to congestion on the networks.

    “Our members have complained bitterly about the anguish they go through in the hands of their service providers. They spend their hard-earned money to buy airtime for which they hardly get the full value. We have written to the NCC. We feel strongly that lifting the ban on promos and lotteries is responsible for the congestion on the network,” he said in a telephone interview.

    Ogunbanjo said the body had petitioned the NCC, asking for compensation for the subscribers and warning that should the regulator fail to do this by the end of this month, the group would have no choice but to go to court. “We have appealed to the NCC to compensate our members. If it fails to do so by the end of this month, we will be forced to seek legal solution to the problem of our members. We are going to write another letter to them (NCC),” he said.

    Ojobo said the NCC is also looking at the network to see if it is the decision to lift the ban that has caused disruption in services. We lifted the ban on promos and we have being looking at it to establish whether it has any impact on the network. We are studying all that,” he said.

    Many subscribers have been complaining about poor service quality. It is either they can’t get to load their airtime or make calls.