By Ifeoma Ben, LLM, MBA
Nigeria has crossed key 5G milestones, two lots of 100 MHz in the 3.5 GHz band were awarded to MTN and Mafab in December 2021, and Airtel secured a further 100 MHz in the follow‑on award announced in December 2022, yet nationwide experience remains uneven, and policy work is still catching up to the technology’s ambitions. The Federal Executive Council approved the National Policy on 5G in September 2021, and regulators have since moved forward with spectrum trading, type approval, and, most recently, opening the lower 6 GHz band for high-capacity Wi-Fi that complements 5G. Taken together, these steps show momentum but also expose gaps that lawyers, operators, investors, and policymakers must close to unlock ultra‑reliable, low‑latency connectivity and the Internet of Things (IoT) at scale.
Spectrum: mid‑band today, flexibility tomorrow
The workhorse of early 5G in Nigeria is mid‑band (3.5 GHz). The NCC’s December 2021 auction offered two non‑contiguous 100 MHz lots from a five‑lot 3.4–3.9 GHz plan; MTN and Mafab won and each paid US$273.6 m. A year later, Airtel emerged as sole bidder for a further 100 MHz, deepening competitive capacity. These awards align Nigeria with global best practice: generous mid‑band blocks for capacity and reasonable coverage, while leaving room to expand. For the “beyond” in 5G (RedCap, network slicing, private 5G), regulators will increasingly need spectrum agility, including secondary markets, sharing, and timely refarming, so enterprise and neutral‑host models can flourish.
Nigeria already has Spectrum Trading Guidelines that allow leasing/sharing of licences subject to eligibility and good standing, useful tools to smooth under‑utilisation, and support niche deployments without waiting for new awards. As device ecosystems mature, opening additional bands (e.g., mmWave for hotspots/venues and more 6 GHz for Wi‑Fi offload) will matter. The NCC’s movement on the lower 6 GHz (5925–6425 MHz) for RLAN/WAS on a licence‑exempt, shared basis is a strong complementary step to relieve congestion and raise effective broadband capacity.
Infrastructure sharing, permitting, and the last mile
5G’s economics depend on extensive site densification and deep fibre backhaul. Nigeria has long‑standing NCC Collocation and Infrastructure Sharing Guidelines, and a specific licence class for sharing providers, to minimise duplication and speed roll‑outs. But state‑level Right‑of‑Way (RoW) charges still vary widely, despite a federal push to harmonise at ₦145/m. Several states have waived or reduced fees; others continue to impose high (or hidden) charges, creating patchwork economies that slow deployment. Legal and commercial teams should bake RoW risk allocation and state‑by‑state variance into project documents, and consider neutral‑host or municipal‑fibre partnerships where fees are steep.
Nigeria’s broader backbone ambitions are growing: recent announcements to expand the national fibre footprint (e.g., “Project Bridge”) aim to lift total terrestrial fibre to 125,000 km, which, if executed, would materially improve 5G backhaul and enterprise connectivity. Counsel should track how such programmes interface with open‑access obligations and interconnect pricing.
Security, resilience, and device compliance
As networks soft‑warise (virtualised RAN, cloud cores) and expose APIs (network slicing/QoS on demand), the legal lens must widen from perimeter security to supply‑chain assurance, lawful interception, and critical infrastructure resilience. Nigeria updated its cybercrime regime in 2024; sector teams should map how the amended Act, interception obligations, and incident‑reporting thresholds interact with 5G SA cores and edge deployments. On the device side, the NCC’s 2024
Type‑Approval Business Rules/Regulations tighten compliance, labelling, and short‑range device provisions, important for the IoT influx and for excluding unsafe/obsolete equipment from the market.
Data flows also intensify with 5G/IoT. The Nigeria Data Protection Act 2023 created the Nigeria Data Protection Commission and imposes obligations, especially on “Data Controllers/Processors of Major Importance”, including DPO appointment, DPIAs for high‑risk processing, and cross‑border transfer safeguards. Counsel advising telcos, hyperscalers, or enterprise IoT projects should align network analytics, location data, and telemetry with NDPA principles from the design stage.
IoT, private 5G, and industry verticals
“Beyond” 5G is largely an enterprise story: logistics with massive IoT, manufacturing with URLLC, hospitals with private slices.
Nigeria’s regulators are laying building blocks, type‑approval updates, and exploratory work on IoT road‑mapping while the 5G Policy calls for innovation sandboxes. For industrial campuses, two models are likely: (1) MNO‑managed private networks using public spectrum and slicing; (2) dedicated local licences/leases via spectrum trading. Transaction structures should address service‑level guarantees, data ownership, and cybersecurity certification for OT/IT convergence.
What to modernise next
1. Refresh the Nigerian Communications Act (2003) toolkit for 5G/6G realities. Clarify powers around network sharing (active RAN sharing/MOCN/MORAN), neutral‑host models in venues/transport corridors, and cloud‑based core functions; streamline approvals for small cells and in‑building systems. Tie fee regimes to measurable QoS/coverage outcomes.
2. Lock in spectrum road‑maps. Publish multi‑year auction/trading calendars across low/mid/high bands; finalise full 6 GHz approach (lower band already moving; upper band requires careful IMT vs. Wi‑Fi balance). Use “use‑it‑or‑lease‑it” obligations and dynamic sharing to avoid warehousing.
3. Finish RoW harmonisation. Condition federal grants and state‑level incentives on RoW alignment and elimination of off‑book levies; mandate one‑stop, time‑bound dig‑once permitting with micro‑trenching standards.
4. Codify telecom‑grade cyber & resilience. Implement sector‑specific incident reporting (timeframes, thresholds), SBOM/firmware integrity for RAN/core vendors, and stress‑test obligations for cloud‑hosted network functions under the 2024 cyber amendments.
5. Operationalise data protection for 5G analytics and IoT. Issue NDPA sector guidance on location/traffic data, edge processing, and anonymisation; require Data Protection Impact Assessments for network‑analytics and smart‑city deployments.
Implications for the legal industry
• Deal structuring: Expect more spectrum‑leasing, RAN‑sharing, and neutral‑host concessions. Lawyers will negotiate complex multi‑party SLAs, service credits for latency/jitter, and step‑in rights for mission‑critical use cases (e.g., ports, utilities) tied to regulatory conditions.
• Compliance by design: Counsel must integrate NDPA, type‑approval, and cyber obligations into procurement and product life‑cycles, including vendor due diligence and lawful‑intercept interfaces in virtualised cores.
• Public policy advocacy: Industry lawyers will continue shaping RoW harmonisation, 6 GHz rules, and IoT standards through consultations and public inquiries, areas where stakeholder input demonstrably shifts outcomes.
The bottom line
Nigeria has the pillars for a robust 5G era, policy approval (2021), spectrum awards (2021/2022), trading and sharing tool‑kits, type‑approval reform, and fresh movement on 6 GHz. But to realise ultra‑fast, low‑latency connectivity nationwide (and prepare for 6G), the next two years must prioritise spectrum flexibility, fibre‑first economics, resilient cloud‑native networks, and privacy‑secure IoT at scale. That is a legal, regulatory, and commercial execution challenge as much as a technical one, and it is where Nigeria can still lead on the continent if stakeholders move decisively.
Ifeoma Ben is a Partner at The Law Suite and the Editor-in-Chief of Lawhauz Magazine and can be reached on 08033754299
