Opinion
Data privacy violations and deactivated social media accounts
By Sonny Aragba-Akpore
A little over a week ago, the Federal Competitions & Consumer Protection Commission (FCCPC) and the Nigeria Data Protection Commission (NDPC)imposed a whopping $220m fine on Meta Group, owners of Facebook, Instagram and WhatsApp.
It’s offence, violation of data privacy of individuals and corporate customers.
Although, analysts see this as killing a fly with a sledge hammer, Meta Platforms justified the encroachment of privacy when it delisted and deactivated 63,000 Facebook and Instagram accounts allegedly being used by certain category of subscribers for scam activities including sextortion and what is commonly referred to as ”yahoo” in Nigeria, thus starting a battle that will only consume the beleaguered consumers.
In imposing the $220m fine FCCPC in a statement signed by its acting Executive Chairman, Adamu Abdullahi, said that Meta had denied Nigerian users control over their data, shared data without consent, and abused its market dominance.
It said, “The final order also imposes a monetary penalty of Two Hundred and Twenty Million U.S. Dollars only ($220,000,000.00) (at prevailing exchange rate where applicable) which penalty is in accordance with the FCCPA 2018, and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020.”
The FCCPC noted that this decision was reached after a joint investigation by it and the Nigeria Data Protection Commission (NDPC), which lasted for 38 months (May 2021 and December 2023). The investigation examined Meta’s conduct, privacy policies, and operations.
But a WhatsApp spokesperson said this decision will be appealed. “We disagree with both this decision and the fine and will appeal,” the spokesperson said.
“In 2021, we went to users globally to explain how talking to businesses among other things would work and while there was a lot of confusion then, it has proven quite popular,” the organisation said.
Acting Chairman of FCCPC stated that Meta was fined due to discriminatory practices and sanction-able offences, particularly the unauthorised transfer and sharing of personal data, which were not uniformly practiced in other regions.
“They provided options to data subjects in other regions to decide whether their data would be shared or not,” he said.
While elaborating on the specifics of the violation, FCCPC boss said “When you register for the first time to join WhatsApp, there is a column that says you have agreed for your data to be shared for research. This contrasts with other regions where users have the choice of saying yes or no, which is discriminatory.”
The Nigeria Data Protection Act of 2023,is designed to protect the rights of data subjects by ensuring that personal data is processed in a fair, lawful and accountable manner;
promote data processing practices in Nigeria that guarantee the security of personal data and ensure the privacy of data subjects;
provide the legal framework for regulating and safeguarding personal data, and the means of recourse and remedies where the rights of data subjects have been breached;
ensure that data controllers and data processors fulfil their obligations to data subjects;”
The Act prohibits unlawful processing of personal information, which consists of personal data and sensitive personal data of natural persons.
For the purposes of the Act, “personal data” means any information relating directly or indirectly to an identified or identifiable individual, by reference to an identifier such as a name, an identification number, location data, an online identifier,
or one or more factors specific to the physical, physiological, genetic, psychological, cultural, social, or economic identity of that individual.
Data from DataReportal state that as at January 2024, no fewer than 36.75m Nigerians were connected to Facebook platform alone.
And Statista, a global research platform, ranked Nigeria as one of the top countries that spend time on social media, averaging a total of 04:20 hours on every social media platform visited.
The average social media user spends approximately two hours and 23 minutes daily on these platforms. Comparatively, in Africa, Kenya has an average of three hours and 43 minutes daily.
In terms of visited platforms,
YouTube has 28.50 million,
Snapchat 15million,Instagram 12.4 million,WhatsApp 10.6million,Linkedln 9.1million and X(Twitter) 5.75 million users.
It said, “This could be driven by the market generally having a younger population, with the 16 to 24 years segment driving growth globally.”
“The totality of the FCCPC investigation concludes that Meta over the protracted period of time has engaged in conduct that constituted multiple and repeated, as well as continuing infringements… particularly, but not limited to abusive, and invasive practices against data subjects in Nigeria,” Abdullahi said.
“Being satisfied with the significant evidence on the record, and that Meta has been provided every opportunity to articulate any position, representations, refutations, explanations or defences of their conduct, the Commission has now entered a final order and issued a penalty against Meta,” Abdullahi said.
In a similar vein,Osun and Delta States Internal Revenue Services (IRS) also imposed fines of $150m and $200m on Google and Meta Platforms respectively for alleged non remittances of WithHolding Tax(WHT) from content creators.
The fines were imposed after a 14-day grace period.
These fines cover a period from 2020 to 2024.
“The companies were issued a 14-days notice of compliance, effective July 12 and July 19 respectively, from the affected states.”
In separate letters signed by Ademola Odetunde, Chief Operating Officer, LafriquePromedia Ltd., the revenue collection agent for the states, were specifically addressed to the companies for failing to comply.
According to Odetunde, LafriquePromedia is also consulting for the IRS of Plateau, which is also facing the same challenge and coming up with similar demand.
Odetunde said that the states were demanding for the payment of 150 million dollars and 200 million dollars respectively, being assessed withholding tax deducted, but not remitted by the companies, at the rate of five per cent to the states.
He said that the revenue or payment were from digital services provided to content creators, practitioners in the entertainment and creative sector within Delta and Osun states.
In May, Turkey’s competition board fined Meta 1.2 billion lira following investigations on data-sharing on its Facebook, Instagram, Threads and WhatsApp platforms.
Meta has faced pushback in Europe and other jurisdictions over alleged breaches of data protection laws. Meta’s plan to use personal data to train its artificial intelligence models without seeking consent has come under fire in Europe.
The Competition Commission South Africa also announced plans to investigate whether digital platforms, including Meta unfairly compete with news publishers by using their content to generate ad revenue.
Inspite of all these,Meta Platforms Inc., the parent company of Facebook, Instagram, and WhatsApp, announced Wednesday last week that it has removed 63,000 accounts connected to alleged Nigerian cybercriminals involved in financial sextortion scams targeting users in the United States.
The decision is based on its Q1 2024 Adversarial Threat Report.
Meta said that the takedown included a smaller coordinated network of no fewer than 2,500 accounts linked to a group of roughly 20 individuals.
“These accounts primarily targeted adult men in the U.S., using fake profiles to conceal their identities,” Meta reported.
Meta utilized advanced technical signals and comprehensive investigations to identify and disable these accounts, thereby enhancing its automated detection systems.
“Financial sextortion is a global crime, driven in recent years by increased activity from Yahoo Boys—loosely organized cybercriminals allegedly operating mainly from Nigeria and specializing in various scams.
“We have removed around 63,000 accounts in Nigeria attempting financial sextortion, including a coordinated network of approximately 2,500 accounts,” Meta stated.
The company also dismantled a set of Facebook accounts, pages, and groups allegedly managed by Yahoo Boys, which were banned under its Dangerous Organizations and Individuals policy for attempting to organize, recruit, and train new scammers.
Although,Meta Platforms appear very stiff about its decision to deactivate 63,000 accounts,a better strategy would have been employed to resolve the issues with FCCPC and The Data Protection Commission in Nigeria because as the saying goes “when two elephants clash,the grass suffers”.
Although it’s not clear whether,Meta sent warnings to alleged subscribers,it announced that it had also deleted thousands of additional accounts, pages, and groups that were distributing scripts on how to blackmail and sexually extort users.
“The Facebook accounts were involved in financial and sexual extortion scams, primarily targeting adult men in the United States.”
Nigerian alleged online fraudsters, often referred to as “Yahoo boys,” are notorious for various scams, including posing as individuals in financial distress or as Nigerian princes offering lucrative investment returns. In this instance, the scammers used fake accounts to mask their identities and engage in “sextortion,” threatening victims with the release of compromising photos unless they paid to prevent it.
Meta revealed that the removed accounts included a smaller, coordinated network of scammers.These scammers mainly targeted adult men in the U.S., but there were also attempts against minors, which Meta reported to the National Centre for Missing and Exploited Children in the U.S.
The investigation showed that most of the scammers’ attempts were unsuccessful.
Meta utilised new technical signals to identify and combat sextortion activities.
Additionally, some accounts were found to be providing tips and guides on conducting scams, as well as links to collections of photos for creating fake accounts.
Online scams have grown in Nigeria as economic hardships worsen in the country of more than 200 million people.
Scammers operate from various locations, including university dormitories, shanty suburbs, and affluent neighborhoods.
Opinion
OF DEMOCRACY COMPASS, 2027 ELECTIONS GAMBIT, AND GHANA’S CHALLENGE
BY BOLAJI AFOLABI
Concerned about the many uninspiring, and despairing postures, actions, comments, and positions of the political class to issues of nation building, cross-sectoral development, and national cohesion, the writer did a treatise which was published in the last few days of 2024. Conscious of encouraging political developments in a neighboring country, the piece; “Ghana, Raising The Bar of Democracy in Africa” was intended to challenge Nigerian politicians to change their approach to politics; and raise national issues beyond unnecessary politicking. Also, to attract some measures of citizens believability; ingeniously use politics as a veritable platform for national growth and development. As well as deploying politics as vehicle for the promotion of unity, peace, and tranquility amongst Nigerians irrespective of tribe, ethnicity, religion, and other categorization.
Given the flurry of reactions, comments, and requests by readers, at home and abroad, which by the way are humbling and inspiring , an encore to the earlier piece becomes inevitable. Moreso, a developing political matter between Leaders of some opposition parties has made this compelling.
As Nigerians were looking forward to welcoming the New Year; whilst bidding 2024 a timely exit with the numerous personal difficulties, tensions, and challenges people experienced, the political atmosphere was charged by one of the top politicians. Rabiu Musa Kwankwanso, presidential candidate of the New Nigeria People’s Party (NNPP) at the 2023 general elections made some daring allegations, and damning revelations. The Kano-born water engineer has traversed Nigeria’s politics, and public service occupying various juicy positions. At various times, he was Deputy Speaker, House of Representatives; Kano state Governor; Defence Minister; and Senator. Indeed, in his over three decades visibility in Nigeria’s political and governance landscape is among the few and privileged people to have both legislative and executive experiences.
Typical of his nature and style, Kwankwanso had a no-holds barred interview with the Hausa Service of the British Broadcasting Service (BBC). Described as bold, frank, and fearless by his admirers, he was audacious, unapologetic, and fiery in his responses. In the engaging, thought provoking, and revealing interview, Kwankwanso said inter alia, “I was terrified about the information that I got that the PDP are meeting clerics and other leaders and in their last meeting, which involved about 45 clerics, that we reached an agreement that Atiku (Abubakar) will serve one term, and myself will also serve one term and Peter Obi will serve two terms. This is a lie, I never took part in any agreement. This is completely false; such an agreement never existed.”
Not done yet, Kwankwanso in his staccato shots declared that, “I was deeply angered about the information. Elderly people aged 70 to 80 years will sit and lie, telling clerics and other leaders something that never happened. With this (these) lies, we can’t believe such people that they can only serve one term in office if you entrust them with leadership.” The two-terms Kano state Governor revealed that, “such lies and deceit are precisely why we left. Myself, Peter Obi, Wike, and others all left.” Confident of his position, he alluded that, “Iam still alive and healthy, there is no way you can assemble over 40 people without me having 2 or 3 among them that will inform me of what transpired. This is not good for personality to lie. In such incident, if a government is formed on the basis of lies, it’s like starting a foundation on a week structure.”
Perhaps unknown to Kwankwanso, these allegations are not only weighty but has opened the pandora box about what transpired between personalities, groups, and associations in the opposition ranks before the 2023 presidential election. Perhaps, it could be deliberate, or unintended, there are some uncompleted comments, missing gaps that will provoke further enquiries. One is confident that, some day, in the nearest future, the true-story of what happened before, during, and after the last presidential election will be unearth. Nigerians would be curious to know what led to the loss of opposition parties in an election that people believed the uninspiring performance of Muhammadu Buhari should profit them. Scholars, students, policy makers, and analysts would want to know reasons behind the exits of Kwankwanso, and Obi from the umbrella party, which opened the flanks of opposition such that they were painfully and pitiably divided into three parties; PDP, LP, NNPP before the elections.
Sadly, the Kwankwanso’s diatribe, cobwebbed shape of leading opposition parties, and undisguised desperation for power by some politicians when juxtaposed with the realities on ground, paints terribly low image of Nigeria’s politics. The PDP is patently and sharply divided to almost irredeemable position. With litany of cases over its neck, it appears the party swims in perpetual crisis. The Labour Party (LP) is no better as it has its own share of issues which bothers on leadership. A party that have three individuals laying claim to National Chairman cannot be taken seriously. That Governor Alex Otti of Abia state allegedly ensured the victory of Zenith Labour Party (ZLP) at the Local Government elections speaks volumes about the LP. Even Kwankwanso’s NNPP is experiencing it’s share of political turmoil. The unfolding crisis is sweeping through the party’s national working committee; national executive council; and national assembly. Indeed, other smaller political parties in the opposition ranks are bedeviled with varied degree of factionalisation.
Discerning Nigerians are saddened that few leaders in opposition parties are dissipating energies and resources towards gaining upper hand for the 2027 election, in a rudderless and unconscious manner. Apolitical minds conclude that the approach will further exacerbate crisis within the parties. Some analysts wonder why few leaders are eternally fixated on having their names feature on the ballot, that they have refused to see the imperative of resolution of crisis, consensus building, and realistic party growth as the critical issues of the moment. A school of thought argues that the resort to propaganda, misinformation, and falsehood by few leaders which is geared towards the hoodwink, blackmail, and submission of perceived political enemies, and opponents will boomerang. Another school of thought opines that since opposition parties have continually failed to elicit citizens confidence and believe, largely due to the craze, and penchant for “grab-it-all” and selfish, arrogant posturing of some leaders, the desire to win power remains a long ambition.
It is good to romanticize, and wish that the Ghana scenario happens in Nigeria. However, the focus, intent, and operations of politicking in Nigeria differs from what is obtained in Ghana. Pathetically, our political parties are only concerned about elections; participating and (likely) winning. Politicians pay little or no attention to party growth and development. Whereas in Ghana, politicians devote time, resources, and enablement into building, deepening, and nurturing political parties. Can the political class; especially opposition parties in Nigeria dedicatedly follow the template of Ghana’s leading opposition party, the National Democratic Congress (NDC)? Since it lost presidential and parliamentary elections to the National People’s Party (NPP) in 2016, the entire leadership, elders, and critical stakeholders in the party remained faithful. Unlike here where opposition lawmakers cross-carpet to the ruling party with the speed of light, such action is unheard of in Ghana. Rather than embark on ludicrous and irresponsible defections, Ghanaian politicians stay back, stay through, and resolutely determined in building opposition.
True, the 2027 general elections is not far away. Rather than engaging in theatrical positioning, and hysterical posturing in the quest for party-control, leaders of opposition should embark on sincere, and serious clean-up of selves, and by extension parties. They must relegate arrogance, personal ambitions, stubborn pursuit of power, and similar tendencies to the background. With the preponderance of socio-economic challenges in the country, the opposition parties must paper all the cracks, mend the bends, and resolve all issues towards playing it’s role effectively and efficiently. They must take enduring lessons from the NDC, who for years grew the party to the level at which Ghanaians chose it over and above the ruling NPP. They did not only mouth but worked assiduously for political power-change. However, it is instructive to note that in all these years, Ghanaian president-elect; John Mahama Dramani was the face of opposition in truth and deed.
* BOLAJI AFOLABI, a development communications specialist was with the Office of Public Affairs in The Presidency.
Opinion
WHITHER BUHARI IN THE NIGER – ECOWAS – NIGERIA IMPASSE?
By Tunde Olusunle
Nigeria’s northern geopolitical neighbour, Niger Republic, was effectively an annex of our country under the rulership of the immediate past President, Muhammadu Buhari. At every given opportunity, Buhari never failed to advertise the consanguineal connectivities between him as an individual, and Niger Republic, and indeed between his traditional sociocultural origins in Daura in Katsina State, and Maradi prefecture in Niger Republic. He confirmed he had cousins across the Nigerian border and even threatened to relocate to Niger if he suffered any discomfiture from Nigerians, as he disembarked from office in 2023. Buhari and his Nigerien counterpart who shares a slightly moderated first name with him, Mahamadou Issoufou, both signed an agreement in July 2018, for Nigeria to extend oil pipelines to Niger, and to build a refinery in that country, at the cost of $2Billion, fully bankrolled by Nigeria.
Under Buhari, a 286-kilometre long rail line to connect Nigeria and Niger, was approved by Buhari’s federal executive council, (FEC), in September 2020. The Kano- Katsina- Jibiya- Maradi rail link is costing Nigeria a staggering sum of $1.959 Billion. Buhari’s successor, Bola Tinubu inherited the project which was 35 per cent completed in 2023, and is proceeding with its completion. It should be ready before the end of 2026. The June 2021 edition of a publication which goes by the name *The Africa Report,* indeed asked a rhetorical question, occasioned by Buhari’s obsession with Niger, and Nigeria’s glaring economically lopsided investments in the desert nation. The document inquired: “What is it about Buhari’s passion for his northern neighbour, the Republic of Niger? Is it economic or commercial logic, altruism or just family and ethnic ties?” Buhari’s spokesman, Femi Adesina in a February 10, 2021 edition of *Arise News* proffered that: “Jibiya and Maradi constitute a significant trading core between Nigeria and Niger Republic dating back many centuries. This vital infrastructure will establish an end-to-end logistic in railway transport services before northern and southern sections of the country, reaching Nigeria’s southern ports of Lagos and Warri.”
Added to these prodigal investments in a virtual wasteland was Buhari’s procurement of sports utility vehicles, (SUVs) valued at *$2.7million* for senior government officials in the employ of Niger Republic, in August 2021. Buhari during his years as helmsman, practically developed Niger with Nigeria’s commonwealth at a time Nigerians were suffering, and are still groaning from the buffeting spinoffs of multisectoral lack, deprivation, hunger, insecurity and despair, precipitated by his leadership. Ochereome Nnana, respected columnist with Nigeria’s *Vanguard* newspaper, provided insights into Buhari’s consangiunity with Niger Republic in the November 25, 2020 edition of his column. His words: “Buhari is a first generation Nigerian whose father, Ardo Adamu Buhari, a dock seller, migrated from Niger and settled in Nigeria. He married Zulaihat, a Nigerian woman who bore Muhammadu Buhari for him.”
Establishing this foundation is imperative for our investigation of the subsisting diplomatic fissions between Niger Republic and the Economic Community of West African States, ECOWAS), on one hand. There is also the estrangement of Niger, with Nigeria which President, Bola Tinubu, doubles as ECOWAS Chairman, in another breadth. Tinubu’s leadership of the regional grouping was renewed for a second term, at a meeting of leaders of member countries last December. The Niger Republic/ECOWAS/Nigeria stalemate which began in 2023, has stretched into a second year. Specifically on July 26, 2023, the commander of the presidential guard in Niger, Abdourahamane Tchiani, arrested and detained the incumbent democratically elected President, Mahamadou Bazoum. Tchiani proclaimed himself the new leader of a new military adventurers in that country. The coupists suspended the country’s Constitution and refused entreaties to reinstate the ousted President. Nigeria’s President, Tinubu was barely two months in office at the time, and had just assumed the leadership of ECOWAS, shortly before eruption of the Nigerien crisis. He threatened that Nigeria may consider leading an ECOWAS force to dislodge the mutineers if they didn’t restore Niger Republic’s Constitution and President Bazoum.
Tinubu despatched President Patrice Talon of Benin Republic to Niamey to mediate in the governance crisis in the brother West African country. A wholly Nigerian delegation led by Nigeria’s former military Head of State, Abdulsalami Abubakar, was also emplaced by Tinubu on the same impasse. This bouquet of diplomatic engagements, however, yielded no tangible results. Rather, Tchiani and his colleagues dug in. They were emboldened by precedents in Burkina Faso, Guinea and Mali, where the military establishment had upset the apple cart of popular governance in the west coast and formed new alliances with Russia, as counterpoint to their erstwhile colonisers, France. Alongside Burkina Faso and Mali, Niger has since exited ECOWAS and formed a three-nation mutual defence partnership which they christened the *Alliance of Sahel States, (ASS).*
If you ask me, the onset of the Nigerien crisis was a most appropriate opportunity to engage and test former President Muhammadu Buhari’s touted relationship with the northerly nation. If he was not specifically beckoned upon by Tinubu to avail his immediate successor his services, it would not have been out of place for Buhari to offer himself to help out with the Nigerien face-off. He shares the same sociocultural background with the Nigeriens across our borders. As President, Buhari clearly and needlessly over-romanced Niger Republic at the expense of our national till. He did so much for that country with funds borrowed in the name of Nigeria, which will be continously serviced for decades to come by successor generations. He should be confident of a red carpet if he was to mediate in the logjam. While Buhari played *Santa Claus* in Niger, the educational, healthcare, agricultural, defence, infrastructural sectors in Nigeria were grossly under-funded. We are talking about the blind investment of well over *$4 Billion* frittered in the sands of Sahara desert.
Say what you like about him, Olusegun Obasanjo the first democratically enthroned President of Nigeria’s fourth republic has continually acquitted himself as a preeminent leader and statesman, in and out of office. His stature looms large, his tentacles embedded in time and space. While on a visit to Nigeria July 16, 2003, former President Fradique de Menezes of *Sao Tome and Principe,* was deposed by the military back home. A flustered Obasanjo who wouldn’t brook such a putsch especially when the victim was his guest, held Menezes by the hands, took him in his aircraft and flew him back home to Sao Tome. The typically humorous Obasanjo reassured his guest as much as possible in the course of the trip, that he will be restored. Obasanjo jokingly said to his beleaguered Sao Tome counterpart: “If there is shooting within the perimeters of the airport at the point of the descent of my plane, my pilots will abort touchdown and head back to the skies,” as he tried to crack up his brooding guest. By July 23, 2003, one week after Menezes’s initial dislodgement, Obasanjo reinstated him to the delight of the international community.
Mathieu Kerekou and Boni Yaya, both former Presidents of the Republic of Benin, Nigeria’s western neighbours, were regular guests of Nigeria during the Obasanjo years. They often never had to fly and just drove to meet their host in Badagry in Lagos State, or Otta in Ogun State. In response to cross-border robberies, smuggling and child-trafficking considered injurious to Nigeria’s peace and economy, Obasanjo never spared any chance to padlock the Nigeria-Benin borders. The attendant socioeconomic asphyxiation of these border seal-ups to Benin Republic, compelled regular entreaties by successive Beninoise governments to Nigeria. The sing-song was always for Nigeria to conceive of and treat the small French-speaking country as its *37th state.* Such was the worth of Nigeria in regional politics. Obasanjo continues to be called upon across the world, to add width to issues of democracy, politics, governance, peace and international affairs. That is an essential patriarch.
Former President Goodluck Jonathan has recently been on the road across West Africa as Special Envoy of ECOWAS. He has been leading mediation talks across the subregion, especially in Mali, one of the rebelling member countries of the body. Indeed, Jonathan is Chair of the “West African Elders Forum,” a senior advisory body committed to peace and stability in West Africa. In August 2022, Jonathan led the “Electoral Observation Mission” of the *Electoral Institute for Sustainable Democracy in Africa,* to monitor the presidential polls which produced William Ruto as president of Kenya. In January 2024, Jonathan headlined a group of multidisciplinary experts from across the Commonwealth to observe the elections in the Asian country of Pakistan. The brief of the body was to offer independent and comprehensive assessment of the electoral process in the country on that occasion.
Buhari’s deputy during his time as President, Yemi Osinbajo, SAN, was in July 2023, less than six weeks after he left office, appointed *Global Advisor to Global Energy Alliance for People and Planet, (GEAPP).* The body is an agglomeration of philanthropists, local entrepreneurs, governments and financing partners. Last August, Osinbajo and Peter Obi, presidential candidate of the Labour Party, (LP), at the 2023 presidential election, were guests of the 2024 “Democratic National Convention” in Chicago in the United States. The National Democratic Institute, (NDI), organisers of the convention is a nonprofit, non-partisan organisation pushing democratic values around the world. These are just aspects of concerns and engagements to which Osinbajo has been adding vistas since he departed *Aso Villa* in May 2023.
I’ve always wondered what worth, what value Buhari, one of Nigeria’s most privileged public officers of all time, has ever impacted to the broad gamut of governance and politics in Nigeria. At various times, Buhari was Military Governor; Federal Commissioner, (more contemporaneously Minister); Military Head of State and civilian President. Despite this string of enviable adornments, I’m yet to see Buhari present a paper at any conference; lead a cerebral discussion at any forum; or headline a symposium or conference on the national question. I’m yet to see his memoirs or autobiography where he shares perspectives on the special privileges Nigeria has availed him and how he has in turn been beneficial to the national cause. I’m tempted to conclude that Buhari unimaginatively, unforgivably frittered the collective calendars, the patrimony and emotions of Nigerians, especially during his eight year reign, better branded “Nigeria’s years of the locusts.” Buhari had little to offer and he offered nothing.
*Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja*
Opinion
CBN ,NCC and DMBs on the N250b USSD debts
By Sonny Aragba-Akpore
After over five years of bickerings on the debts owed by Money Deposit Banks(DMBs) for Unstructured Supplementary Service Data (USSD) platforms,respite is underway.
USSD is the platform through which bank customers transfer money digitally on their phones without resorting to the internet.
USSD banking is an SMS-based mobile banking service, where a USSD shortcode is used to access financial services like transfers, bill payments, airtime among others.
Unstructured Supplementary Service Data (USSD) allows users without a smartphone or data/internet connection to use mobile banking through codes specific to each bank.
There is however a 150.18 percent decline in USSD usage for financial transactions as users move to Internet banking.
According to the CBN, the total transaction value with USSD was N2.19 trillion between January and June 2024, a decline of 54.75 percent from N4.84 trillion in the same period of 2023.
The volume of transactions fell by 150.18 percent to 252.06 million from 630.6 million.
In 2021 when GSM services turned 20 in Nigeria the then Group Managing Director of Zenith Bank Plc, Mr Ebenezer Onyeagwu, said, “The introduction of USSD changed everything. Without telecoms infrastructure, there is no USSD code.”
But this sentiment is not shared by many bank executives including Segun Agbaje, CEO of GTCO, who recently stated, “If you want to charge N20 for the service, go ahead. But collect it yourself. Don’t come to us.”
According to industry sources, the non-payment of this debt, which telcos peg at N250 billion, has led to an investment slowdown in USSD infrastructure.
The December 20,2024 joint memo by CBN and NCC seeks to clean up the protracted USSD mess and enforce payment timelines.
> While the banks own the accounts,the Mobile Network Operators (MNOS) own the networks.
> But there have been disagreements on payment terms that have plagued the banking and telecommunications sectors so much that the Central Bank (CBN) and the Nigerian Communications Commission ( NCC) had to intervene several times in the past to see how the matter could be resolved.
> All that failed until December 20,2024 when a circular was endorsed by both regulators on the way forward.
The Circular signed by Ag Director, Banking Payments System Department at CBN ,Oladimeji Yisa Taiwo and Chizua Whyte,Head,Legal and Regulatory Services at the NCC stated that:
> the Central Bank of Nigeria (CBN) and the Nigerian Communications Commission (NCC)
> are deeply concerned that the protracted dispute between Deposit Money Banks (DMBs) and
> Mobile Network Operators (MNO) over the usage of the MNOs USSD platform for banking
> services has remained unresolved despite best efforts.
> “In view of the foregoing, the CBN and the NCC hereby direct DMBs and MNOs as follows:
> . That sixty per cent 60% of all pre-API invoices must be paid as full and final settlement
> of such invoices. In this regard, payment plans (lump sum or installments) must be
> agreed between a concerned DMB and MNO by January 2, 2025. For the avoidance
> of doubt, where installmental payment is proposed by a DMB, such proposal must be
> based on equal monthly instalments, and payment must be completed by July 2, 2025
> at the latest. That in furtherance of earlier resolutions by the CBN and the NCC, M B s must pay
> eighty-five per cent (85%) of all outstanding invoices issued after the implementation
> of Application Programming Interfaces (API) (i.e. February 2022) between the
> concerned DMB and MNO (i.e. post-API debts) by December 31, 2024. Similarly,
> eighty-five per cent (85%) of all future invoices must be liquidated within one month
> of service of the invoice.
> .That subject to satisfactory implementation of the directives in Paragraphs 1 and 2
> above and in furtherance of the understanding between DMBs and MNOs on
> transition to End-User Billing (EUB), the NCC will activate the necessary regulatory
> processes to revert to EUB. Only MNOs and DMBs in full compliance with
> Paragraphs 1 and 2 above will be allowed to transition to EUB.
The NCC and the CBN
> will provide guidance on public enlightenment measures in respect of the transition in
> due course.
> .That pending completion of the transitional arrangements in Paragraph 3 above,
> MNOs are to adopt the “10-seconds rule” for USSD invoicing. This means that any
> USSD session lasting less than ten seconds is not billable.
> .DMBs on prepaid billing would also have the opportunity to migrate to EUB subject
> to conclusion of the regulatory processes stated in Paragraph 3 above.
> That DMBs and MNOs should immediately discontinue any legal proceedings on the subject matter forthwith.
The circular advised that “DMBs and MNOs should immediately discontinue any litigation by them or on
> their behalf on the matter.DMBs and MNOs are directed to ensure full implementation of the Directives
> contained in this Joint Circular and to note that non-compliance will attract
> necessary sanctions within the respective regulatory powers of the CBN and the NCC”.
Gbenga Adebayo,an Engineer and Chairman of Association of Licensed Telecommunications Operators of Nigeria (ALTON) confirmed the development saying:
“The dispute over Unstructured Supplementary Service Data (USSD) charges between Nigerian banks and telecommunications companies (telcos) has been ongoing since 2019. The disagreement centers on who should bear the costs associated with USSD services used for financial transactions. “
“In October 2019, the issue became public when banks refused to pay for USSD services utilized by their customers, proposing instead that telcos adopt end-user billing. Telcos disagreed, citing potential double billing and regulatory restrictions.
By August 2020, the Nigerian Communications Commission (NCC) reported that banks owed telcos approximately ₦17 billion in USSD charges. “
Despite regulatory interventions, the debt continued to accumulate, reaching about ₦42 billion by 2020 and further increasing in subsequent years. “
“As of December 2024, the outstanding USSD debt is estimated at ₦250 billion.
The Central Bank of Nigeria (CBN) and the NCC have issued directives for banks and telcos to settle this debt, with specific payment plans and deadlines extending into 2025. “
He explained in summary, that the USSD debt between Nigerian banks and telcos has been outstanding for over five years, originating in 2019 and persisting through to the present day sadly “.
On Friday December 27,2024 the Nigerian Communications Commission (NCC) approved the disconnection of Exchange Telecommunications Ltd. from MTN Nigeria network due to the non-settlement of interconnect charges.
The commission made this known in a public notice signed by Reuben Muoka, the Public Affairs Director at NCC,”The Exchange Telecommunications is a local and international interconnect carrier.
The Nigerian Communications Commission hereby notifies the public that approval has been granted for the disconnection of Exchange Telecommunications Ltd.
(Exchange) from MTN Nigeria Communications Ltd. (MTN) as a result of non-settlement of interconnect charges,” NCC said.
The commission noted that the Exchange was notified of the application and was given opportunity to comment and state its case.
It said that the commission, having examined the application and circumstances surrounding the indebtedness, determined that the Exchange does not have sufficient reason for non-payment of the interconnect charges.
NCC said the disconnection of the Exchange Telecommunications to MTN was in accordance with Section 100 of the Nigerian Communications Act, 2003 and the Guidelines on Procedure for Granting Approval to Disconnect Telecommunications Operators, 2012.
“At the expiration of five days from the date of this notice, MTN will discontinue passing voice and data traffic through Exchange and will, thereafter, utilise alternative channels in interconnecting with other network service
providers.
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