About two years ago, the Nigerian Communications Commission (NCC) descended heavily on all carriers for failing to deactivate improperly registered subscriber identity module (SIM) cards on their networks. MTN was worst hit as it was initially slammed with a N1.04 trillion fine for keeping over five million of such SIMs on its network. The fine was reduced to N330 billion. LUCAS AJANAKU writes on the need for all to play by the rule.
A civil servant who identified herself simply as Agnes has been restless. A particular mobile number has been pestering her. The caller would call any time of the day, including hours when she was in bed with her husband and kids.
Each time she tried returning the calls, it was either it was left to ring out without being picked or it was rudely snapped off. So, she became really uncomfortable and sought advice from neighbours. Some people advised her to lodge complaints with the police. But she asked herself: What will be the basis of my report since I was never threatened through voice call or short message service (SMS)?
Luck came her way when her daughter, Mercy, an undergraduate of Computer Science at Obafemi Awolowo University, IIe Ife, came home after the second semester examination. Agnes complained bitterly to her about the strange phone number that would not let her have peace.
Mercy told her mom about the existence of an application that could show the full name of any caller whose subscriber identity module (SIM) has been registered by his or service provider.
She collected the Android smartphone from her mom and downloaded the application. That proved to be the Talisman. With data on her phone, name of callers she had not saved on her phone showed but the full identity of her tormentor failed to show. What the application shown was ‘Lekan 1’.
The experience of Agnes mirrors what a lot of people, including security agencies, are passing through due to shoddy handling of SIM card registration by telcos.
It is not unusual to receive calls and discover that the name of the caller was registered only as Abubakar, Second Line, Ku, Church 2, Oko mi, Bello, and so many other strange names that would certainly lead to a dead end should the number be used to commit a crime and there arose the need to match the user with his or her name.
This is just one example of what is going on with SIM card registration across the country. Determined to grab subscribers, the telcos and their agents have decided to throw caution to the winds, ignoring the laid down procedures for SIM card registration and unwittingly compromising the security situation in the country.
The Executive Vice Chairman/CEO, NCC, Prof Garba Dambatta said the regulator usually treats the data of SIMs registered and uploaded into the Commission’s data base.
According to him, the data, as submitted by the telcos, are raw and would still be treated with specialised applications. Those found wanting would be returned to the telco that churned it in while those deserving of storage would be so treated.
He said: “When SIM card registration is concluded, the data is usually uploaded into our dedicated database. Whatever is uploaded on SIM card registration into our database is still considered as raw data until treated as real data. There is a software that treats it and ascertain the credibility of the data. If after we apply the software, we identify anomalies, we must impute the data again or send them back for proper registration. SIM card registration is key to addressing national security and we must address it as such. Nigerians must stop selling pre-registered SIM cards because it is an act of illegality that undermines national security.”
NCC’s SIM Registration Regulations set very clear requirements for subscriber registration: Biometric Information-four fingerprints; clear facial image of the subscriber collected in accordance with the agreed Registration Specifications.
Personal Information-full name; mother’s maiden name; gender; date of birth; Proof of Identity: any of the following must be sighted: National Identity Card, International Passport; Driver’s Licence; Letter of authentication by traditional ruler/community leader, affixed with passport photograph (in rural areas).
Data quality: must be in accordance with registration specifications in digital Image Standards, Data Dictionary.
In 2007, the NCC started SIM registration and finalised it four years later with the enactment of the SIM Registration Regulations.
The key objectives of the exercise are to create a central database of telecoms services users in Nigeria, regardless of medium.
Other objectives include facilitating know your customer (KYC) for adjacent sectors, such as the Federal Road Safety Commission (FRSC), Central Bank of Nigeria (CBN), National Identity Management Commission (NIMC), and Independent National Electoral Commission (INEC).
NCC’s actions were hinged on assisting law enforcement and security agencies to fight the growing level of insurgency (in the Northeast) and criminality (in the South), as some subscribers abused anonymity to embarrass, defraud or carry out illegitimate activities.
Unregistered SIMs have been implicated in kidnapping, financial crimes (419) while registration/location information have been used successfully to track down criminals, such as the Osokogu case. SIMs can also be used to detonate improvises explosive devices (IEDs).
At the peak of the Boko Haram insurgency, the telcos were given timeline to deactivate SIMs. NCC’s Head, Compliance and Monitoring Unit, Efosa Idehen, said 18.6 million SIMs’ data were returned to MTN; 7. 49 million to Airtel; 2.23 million to Globacom and 10.46 million to Etisalat.
Some of the SIMs ordered deactivated by the regulator then were either unregistered, pre-registered or registered but had one defect or the other, including poor finger prints, poor facial information and other biometric hiccups.
The matter led to a tussle between NCC and MTN Nigeria, for which a whopping N1.04 trillion fine was imposed on the telco.
An agreement was later reached after eight months that MTN pay a reduced fine of N330 billion within three years in a staggered form, and be listed on the Nigeria Stock Exchange (NSE) as soon as it is commercially and legally possible.
NCC said the fine would include the initial payment of N50 billion earlier made by MTN to the government.
The balance would be paid in six tranches within three years. MTN will pay N30 billion into the Treasury Single Account (TSA) with the Central Bank of Nigeria (CBN), 30 days from the date of the agreement dated June 10, 2016.
Other dates of payments include: March 31, 2017(N30 billion); March 31, 2018-(N55 billion); December 31, 2018-(N55 billion); March 31, 2019(N55 billion) while the balance will be paid in May 31, 2019.
It was also agreed that MTN shall apologise in line with the apology previously tendered in correspondences on the matter to the government of Nigeria and Nigerians within the one month of the execution of the agreement.
The agreement, which was signed by both parties, also mandated MTN to subscribe to the voluntary observance of the Code of Corporate Governance for the industry and ensure compulsory compliance when the said Code is made mandatory for the industry.
Both parties agreed that the terms of settlement cannot be altered, varied, annulled or modified in any respect, except by writing duly executed by both parties; and the terms of settlement constitute all the terms and conditions of the settlement and supersede and replace any previous offers, representations and terms.
NCC reminded the carriers of the N200,000 penalty for selling one unregistered SIM card, warning that the commission had noticed the sale and use of pre-registered SIM cards.
“Operators through their Dealers/Agents are still selling pre-registered SIM cards in several parts of the country. We wish to reiterate and draw attention to the following provisions:
“Sections 19 and 20 of the Nigerian Communications Commission (Registration of Telephone Subscribers) Regulations, 2011 states:
“Any licensee who fails to capture, register, deregister or transmit the details of any individual or corporate subscribers to the Central Database as specified in these Regulations or as may be stipulated from time to time by the Commission is liable to a penalty of N200,000 for each subscription medium.
“A licensee, who activates any Subscription Medium without capturing, registering and transmitting the personal information to the Central Database commits an offence and shall on conviction be liable to a fine of N200, 000 for each unregistered activated Subscription Medium.
“Any licensee who activates or fails to deactivate a subscription medium in violation of any provision of these Regulations is liable to pay a penalty of N200,000 for each unregistered but activated subscription medium.
“Where the Commission is satisfied that a body corporate is culpable, the Director, Chief Executive Officer, Manager or Secretary shall also be liable to pay a fine of N200, 000 unless, having regard to the nature of his functions in that capacity and to all the surrounding circumstances, he proves that- the offence was committed without his knowledge, consent or connivance; and he took all reasonable precautions and exercised due diligence to prevent the Commission of the breach,” NCC said.
NCC warned operators and their dealers to desist from pre-registering SIM cards and selling same in the open market or face sanctions.
“The public is also notified to stop purchasing pre-registered SIM cards and insist on being registered personally for any new SIM card purchased.
“All violators will face stiff sanctions as the NCC will enlist the assistance of law enforcement agencies to address and curb this menace.”
