NIGERIA
Reported in 2021
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In December 2014, Nigeria's National Council on Privatisation (NCP) approved the sale of Nigerian Telecommunications (NITEL) and its mobile arm (M-Tel) to NATCOM Consortium. The government still owns 25% of the NITEL (the incumbent). The government announced it plans to return to the market to sell the remaining 25% to Nigerians through Initial Public Offering (IPO).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230424072246/https://www.lexology.com/library/detail.aspx?g=38c795ed-1569-48a7-be94-d73f5c047d1c
- https://web.archive.org/web/20221019202458/https://www.ncc.gov.ng/docman-main/legal-regulatory/regulations/101-regulations-for-competition-practices/file
- https://web.archive.org/web/20221019202448/https://www.ncc.gov.ng/docman-main/legal-regulatory/regulations/329-regulations-for-telecommunications-networks-interconnection-2/file
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NIGERIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Nigeria mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
NIGERIA
Since July 2003
Since January 1995
Since January 1995
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Nigerian Communications Act 2003
Nigerian Investment Promotion Commission Act, 1995
Nigerian Investment Promotion Commission Act, 1995
According to Art. 31 of the Nigerian Communications Act, no person is allowed to operate a communication system or facility nor provide communication service in Nigeria, unless authorised to do so. Internet Service Provision and Internet Exchange licences authorise the provision of data services. On the other hand, the provision of voice-over Internet Protocol (VoIP) does not require a license.
However, in order to operate in the Nigerian telecom market, promoters or investors have to register a company in Nigeria whose entity is separate and distinct from its parent company. The locally incorporated branch or subsidiary, in accordance with the provisions of Section 20 of the Nigerian Investment Promotion Commission Act, must apply to the Nigerian Investment Promotion Commission ("NIPC") for company registration and other necessary authorisations and licenses to allow foreign participation.
However, in order to operate in the Nigerian telecom market, promoters or investors have to register a company in Nigeria whose entity is separate and distinct from its parent company. The locally incorporated branch or subsidiary, in accordance with the provisions of Section 20 of the Nigerian Investment Promotion Commission Act, must apply to the Nigerian Investment Promotion Commission ("NIPC") for company registration and other necessary authorisations and licenses to allow foreign participation.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230424072338/https://ncc.gov.ng/accessible/documents/128-nigerian-communications-act-2003/file
- https://web.archive.org/web/20220315171044/https://www.nipc.gov.ng/wp-content/uploads/2021/10/NIPC-ACT.pdf
- https://web.archive.org/web/20231002053941/https://tonbofa.com/investing-in-telecommunications-in-nigeria/
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NIGERIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Nigeria has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
NIGERIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Nigerian Communications Commission (NCC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
NIGERIA
Since December 2013, last amended in August 2019
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
Sections 11.1 (4) and 12.1 (4) of the Guidelines for Nigerian Content Development in Information and Communications Technology (ICT) require telecommunication companies and network service companies to host all subscriber and consumer data within the country in line with existing legislation.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240317054754/https://nitda.gov.ng/wp-content/uploads/2020/11/GNCFinale2211.pdf
- https://web.archive.org/web/20211204053055/https://iclg.com/practice-areas/digital-business-laws-and-regulations/nigeria
- https://web.archive.org/web/20210624064208/https://www.globaltradealert.org/intervention/19142/public-procurement-localisation/nigeria-local-content-policy-in-the-ict-sector
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NIGERIA
Since December 2013, last amended in August 2019
Since August 2019
Since August 2019
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
Cloud Computing Policy
Cloud Computing Policy
Section 13.2 of the Guidelines for Nigerian Content Development in Information and Communication Technology (ICT) requires Ministries, Departments, and Agencies (MDAs) to ensure that all sovereign data is hosted locally on servers within Nigeria. The MDAs should also promote as mandatory the presence of system logs and other computer data logging technologies to aid in the effective troubleshooting and forensic investigation of events in Government systems.
Section 9.0 of the Cloud Computing Policy further stipulates that sensitive governmental and citizen data must be retained within national borders, either through internal frameworks operated by public institutions or via domestically based cloud service providers. This requirement applies specifically to data generated or managed by public sector entities.
Section 9.0 of the Cloud Computing Policy further stipulates that sensitive governmental and citizen data must be retained within national borders, either through internal frameworks operated by public institutions or via domestically based cloud service providers. This requirement applies specifically to data generated or managed by public sector entities.
Coverage Public sector
Sources
- https://web.archive.org/web/20240317054754/https://nitda.gov.ng/wp-content/uploads/2020/11/GNCFinale2211.pdf
- https://web.archive.org/web/20211204053055/https://iclg.com/practice-areas/digital-business-laws-and-regulations/nigeria
- https://web.archive.org/web/20201129214959/https://www.uubo.org/media/1795/data-localization-laws-nigeria-w-022-1015.pdf
- https://web.archive.org/web/20231105192027/https://www.dataguidance.com/notes/nigeria-data-transfers
- https://web.archive.org/web/20250713074243/https://nitda.gov.ng/wp-content/uploads/2020/11/NCCPolicy_New1.pdf
- https://web.archive.org/web/20250820015119/https://digitalpolicyalert.org/event/27305-cloud-computing-policy
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NIGERIA
Since January 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Nigeria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
NIGERIA
Since December 1988, last amended in 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act (Chapter 28, Laws of the Federation of Nigeria 2004)
Nigeria has a clear regime of copyright exceptions that follows the fair dealing model, which enables others to make the lawful use of copyrighted work. Section 6 of the Second Schedule of the Copyright Act lists the exceptions, which include research, private use, criticism or review or the reporting of current events subject to the condition that, if the use is public, it shall be accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast.
Coverage Horizontal
NIGERIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.59%
Coverage rate of zero-tariffs on ICT goods (%)
2%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
NIGERIA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It has been reported that intellectual property rights (IPR) enforcement agencies lack the necessary resources and inter-agency cooperation to improve enforcement. In addition, it is reported that pirate websites have kept local filmmakers suffocated in recent years by uploading popular titles to the Internet for download once such films hit theatres or debut on streams platforms.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227051022/https://www.thecable.ng/nigerian-filmmakers-pay-tv-sector-in-chokehold-of-digital-piracy/
- https://web.archive.org/web/20240927205533/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20231106080406/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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NIGERIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Nigeria is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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NIGERIA
Since December 2013, last amended in August 2019
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
In 2013, the National Information Technology Development Agency (NITDA) promulgated guidelines concerning Nigerian content in the information and communications technology sector, with subsequent amendments in 2019. These guidelines are applicable to both public sector entities and private enterprises. Section 10.4 (1-2) mandates that ministries and government agencies procure software exclusively from local and indigenous software development firms. Where local software development capacity is inadequate, a Nigerian company is required to undertake the procurement, installation, and support of the software.
Coverage ICT software
NIGERIA
Since February 2018
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Executive Order 5/2018 on Indigenous Professionals in Science, Engineering and Technology
In February 2018, Executive Order 5 introduced additional restrictions and obligations for public procurement in the fields of science, engineering, and technology. The order specifies that only when expertise is lacking domestically, procuring entities can prioritise foreign companies or firms that present verifiable plans for indigenous capacity development before awarding contracts. Furthermore, ministries, departments, and agencies are required to engage indigenous professionals in the planning, design, and execution of national security projects. Consideration may only be given to foreign professionals if the appropriate authority certifies that the necessary expertise is unavailable within Nigeria.
Coverage Horizontal
