Corruption has assumed a more frightening global status with far-reaching adverse consequences on the social, economic and political development of nations and their people. At various forums, world leaders and experts have identified cankerworm as the common cause of poverty, under-development and political instability. From the developed to the developing and less developed countries, the shade and colour of corruption look similar.
The mind-boggling corruption that involved very senior officials of the Zurich, Switzerland-based Federation of International Football Association (FIFA) most recently, in particular, has raised the concern about privately-owned organisations being able to live above the corruption vice. Of recent in Nigeria, many top ranking military officers and political figures are being prosecuted in the law courts over corruption charges.
Interestingly, some of the revelations from the investigation of these corrupt officials also showed the complicity of some private sector operators.
The Nigerian telecommunication industry cannot be exempted from the corruption vortex. Last year, the Nigerian Broadcasting Commission (NBC) sold a portion of the 700MHz spectrum to MTN Nigeria. On the surface, the sale appeared legal but certain issues bordering on the lack of transparency and due process later became apparent. In the first place the sale was flawed because the NBC is not constitutionally authorised to sell the spectrum to any telecommunications company. The NBC is set up as a regulatory body to oversee the Nigerian broadcast industry, and not the telecoms sector which has the Nigerian Communications Commission (NCC) as its regulator.
The NBC through its immediate Director-General, Emeka Mba attempted to rationalise the action. Mba said it was as a result of Nigeria’s inability to meet the deadline set by the International Telecommunications Union (ITU) for nations to switch over from analogue television broadcasting to digital broadcasting by June 17, 2015 (the Digital Switchover, DSO). Mba was copiously quoted as saying, “When it became obvious government could not spare the money, and in order to avoid missing another deadline, we began to consider other options. Our broadcast frequency, which is to eventually form part of the digital dividend after the DSO, had portions of it lying fallow while our broadcasters are still using part of it. We therefore proposed and got proper permission from government to license part of our spectrum lying fallow and to use the proceeds to finance the DSO…I’m pleased to inform you that we have successfully licensed MTN Nigeria Limited to use part of the 700Mhz to provide digital pay TV broadcasting services. We have thus raised N34billion, slightly less than our budget.”
Sounds quite intelligent and rational, doesn’t it? However Mba failed to inform Nigerians that late President Umaru Yar’Adua in 2008 had proactively initiated the process for the completion of the migration by setting up a Presidential Advisory Committee (PAC) on Transition from Analogue to Digital Broadcasting comprising representation from the Federal Ministry of Information and Communication, NBC, NCC and the print and broadcast media agencies, amongst others. PAC was mandated to advise the government on actions relevant to the smooth transition from analogue to digital broadcasting, the quantum of the expected digital dividend spectrum following the migration, and thereafter recommend an appropriate regulatory framework to guide the release of the spectrum for mobile broadband services. Nigeria failed to meet the deadline of June 17, 2015 and had the deadline extended to June 20, 2017 for the completion of migration. So, why the hurry to sell a portion of the 700MHz spectrum without following due process?
Mba further argued that the sale of the 700MHz spectrum to MTN would fund the acquisition of Set Top Boxes (STB) required in the DSO process. However, his justification is flawed on many grounds as the sale in itself, to a large extent, precludes the actualisation of the transfer and re-allocation of the spectrum as intended by the ITU.
Mba’s position comes across as a cheap, wayward solution to a challenge that requires careful thought. The NBC’s excuse for selling a portion of the700MHz spectrum comes across as insensitive, if not an irresponsible act. MTN plans to deploy broadband with the 700MHz spectrum, and not digital TV.
Why was the spectrum sold to only MTN Nigeria, one of four players in the telecommunications sector? Why did the NBC sell a spectrum meant for digital television broadcast to a telecommunications services provider, an act which gives MTN Nigeria an unhealthy advantage over other GSM service providers and other small 4GLTE service providers? Why did the NBC usurp the role of the NCC to sell a national asset to a single service provider in an industry not under its purview?
Mba’s lame explanation and excuses reveal a dark intention that deliberately ignores due processes and is clearly against the global best practices. Telecommunications experts have insisted that the NBC has no right to sell telecoms spectrum that exclusively belongs to the NCC. The undue advantage given to MTN Nigeria by this unholy sale of the700MHZ spectrum by the NBC will lead to the death of other smaller players and, in the short and medium terms, breed unemployment.
The key question however is whether we should allow the impunity to continue or we should effectively combat it? With respect to the sincerity of President Muhammadu Buhari-led Federal Government to fight corruption, manifesting the political will by enforcing anticorruption laws, prosecuting corruption, and denying safe haven to corrupt officials, those who corrupt them, and their illicitly-acquired assets, will be indispensable.
The Federal Government MUST step in and reverse this cloudy transaction that has all the trappings of a mafia deal. The Federal Government must reverse the sale of the 700 MHz spectrum or face the possibility of Nigeria being perceived as a nation that offers undue advantage to select investors. This will, in the medium and long terms, affect the flow of Foreign Direct Investment (FDI) into the country.
Samson Kinbayana
Kinbayana, an anti-corruption crusader, is based in Lagos
Join BusinessDay whatsapp Channel, to stay up to date
Open In Whatsapp
