Telcos Insist House of Reps Can’t Go Beyond Constitutional Limits

Emma Okonji

Telecommunications operators have approached the Federal High Court in Abuja, seeking a declaration that the House of Representatives cannot exercise investigative powers beyond the limits prescribed by the Constitution.

The operators are also challenging summonses issued to their chief executives by the House over alleged poor quality of service (QoS), arguing that the legislature cannot assume or interfere with regulatory responsibilities assigned to the Nigerian Communications Commission (NCC).

The suit was filed on November 4, 2026, by the Registered Trustees of the Association of Licensed Telecommunications Operators of Nigeria (ALTON), MTN Nigeria Communications Plc, Airtel Networks Limited, Globacom Limited and Emerging Markets Telecommunication Services Limited, operators of 9mobile.

The defendants are the House of Representatives, its Speaker, the Clerk of the House and the Inspector-General of Police.

The dispute followed summonses issued on October 29 by the House’s ad-hoc committee on quality of service, requiring the operators’ chief executives to appear before it and provide relevant documents.

At the centre of the legal challenge is the interpretation of Sections 88 and 89 of the 1999 Constitution.

The plaintiffs contend that the provisions do not confer unlimited investigative authority on the National Assembly, arguing that Section 88(2) restricts such investigations to specified purposes, including making laws, exposing corruption, inefficiency or waste in the execution of laws, and examining the administration of appropriated public funds.

They argue that the telecommunications companies are private operators and do not execute or administer laws or public funds in the manner contemplated by the constitutional provisions.

The operators further contend that the Legislative Houses (Powers and Privileges) Act, 2017, cannot enlarge the investigative powers granted to the legislature by the Constitution.

They are also relying on the Nigerian Communications Act, 2003, particularly Sections 4, 70 and 105, and the Nigerian Communications (Quality of Service) Regulations, 2024, which provide the statutory framework for the NCC to establish, monitor, investigate and enforce service quality standards in the industry.

Consequently, the plaintiffs are asking the court to declare that the House cannot assume, duplicate or interfere with the commission’s regulatory functions outside the scope of constitutionally permitted investigations.

The operators also drew attention to two pending cases involving MTN Nigeria: suit HCS/261/2025, instituted by Mr Fatokunboh Fagun and another on behalf of themselves and MTN subscribers, and FHC/ABJ/CS/1886/2026, filed by Kaatruths Podcast Limited and another.

They are seeking orders restraining the House from enforcing the disputed summonses, including through arrest warrants, and from making findings that could prejudice the determination of the pending cases.

The suit places before the court questions about the constitutional boundaries of legislative investigations and the relationship between the National Assembly’s oversight responsibilities and the statutory regulatory mandate of the NCC.