A 340
2003 No. 19
Communications
PART IV—NATIONAL INTEREST MATTERS
General duty
of licencees.
146.—(1) A licensee shall use his best endeavour to prevent the network
facilities that he owns or provides or the network service, applications service or
content application service that he provides from being used in, or in relation to, the
commission of any offence under any law in operation in Nigeria.
(2) A licensee shall, upon written request by the Commission or any other
authority, assist the Commission or other authority as far as reasonably necessary in
preventing the commission or attempted commission of an offence under any written
law in operation in Nigeria or otherwise in enforcing the laws of Nigeria, including
the protection of the public revenue and preservation of national security.
(3) Any licensee, shall not be liable in any criminal proceedings of any nature
for any damage (including punitive damages), loss, cost or expenditure suffered or
to be suffered (whether directly or indirectly) for any act or omission done in good
faith in the performance of the duty imposed under subsections (1) and (2).
Network
interconnection
capability.
147. The Commission may determine that a licensee or class of licensee shall
implement the capability to allow authorised interception of communications and
such determination may specify the technical requirements for authorised interception
capability.
Emergency
provisions.
148.—(1) On the occurrence of any public emergency or in the interest of
public safety, the Commission may—
(a) suspend the licence of any licensee, take temporary control of any service
or network facilities owned or provided by a licensee in any manner as the
Commission deems fit ;
(b) withdraw either totally or partially the use of any service or network facilities
from any licensee, person or the general public ;
(c) order that any communication or class of communications to or from any
licensee, person or the general public, relating to any specified subject shall not
be communicated or shall be intercepted or detained; or that any such
communication or its records shall be disclosed to an authorised officer mentioned
in the order; or
(d) order the taking of possession of any customer equipment.
(2) If the Commission takes possession of any network facilities, service, or
customer equipment under subsection (1) of this section, the person licensed under
this Act with regard to the facilities, service or equipment shall be paid reasonable
compensation which shall be determined by the Commission after giving an
opportunity to the licensee to be heard on the matter.
Disaster plan.
149. The Commission may direct a licensee or class of licensees to develop, in
consultation with the authorities specified by the Commission, a disaster plan for the
survivability and recovery of any services or network facilities in case of a disaster,
crisis or civil emergency.