REGISTRATION OF SUBSCRIBER IDENTIFICATION MODULE(SIM)

CARD IN NIGERIA’S COMMUNICATION INDUSTRY: ISSUES AND

PROSPECTS

INTRODUCTION

1. Technological advancement all around the world has made life easier while

at the same time bringing complexities to the way human beings live and relate.

The benefits inherent in technological advancement are astonishing, so are the

challenges presented by abuse of these technologies which present sore points in

contemporary human societies1. One area of human technological advancement

that has benefited the whole world in recent times is information and

communication technology particularly mobile phones.

2. In the developed world where these technologies were first developed and

deployed, the issues of user identities were accorded priority because of the

possibility of using mobile phone devices for criminal activities. For example in

the Canada, Japan and the United Kingdom the practice of obtaining subscriber

biometrics at points of SIM purchase have been as old as the telecom services2. In

Africa this has not always been the case until recently when Ivory Coast, South

Africa and Cameroun embarked on the registration of SIM Cards. SIM registration

in these countries are at various stages and the benefits as well as the issues arising

are already been felt in the industry.

3. In Nigeria, SIM cards were sold mostly by street vendors without any form

of user identification data collected until the recent direction by the Federal

Government of Nigeria to the effect that all mobile telecoms operators selling new

Subscriber Identification Module (SIM) cards must obtain the data of prospective

subscribers and that all previously obtained SIM cards must be registered without

delay. This is no doubt a good policy aimed at keeping accurate data on all mobile

phone users in the country. This policy will also help in reducing the incidents of

technology related crimes. These crimes ranging from fraud, kidnapping, threats,

and intimidation have for long affected Nigerians preventing free movement,

business and social interaction. The purpose of this paper is to highlight and

analyze the issues around the SIM Card registration policy and the Nigerian

telecommunications industry as well as the implications for the Country.

AIM

4. The aim of this paper is to highlight the issues emanating from the SIM

Cards registration policy of the federal government with a view to making

recommendations.

CONCEPTUAL DEFINITION

5. According to Muoka, SIM registration is a process of collecting and storing

telecom subscribers’ biometric information which can be used to directly link

individual subscribers to SIM Cards3. The purpose, he asserts would be would be

to eliminate the anonymous SIM card use that is frequently used in the country by

kidnappers and other criminals for negotiations without fear of being caught.

Additionally, the NCC will now be able to trace the levels of usage of the SIM

cards properly.

OVERVIEW OF TELECOMMUNICATIONS INDUSTRY AND SIM CARD

REGISTRATION IN NIGERIA

6. Nigeria’s telecommunications industry has grown tremendously over the last

decade from a teledensity of about 0.4% in 2001 to about 50% in 20104. Nigerian

Mobile Telecommunication industry has been referred to as the fastest growing

market in Africa. Nigerian telecoms came into mainstream in 2001 when the

deregulation of the subsector of the economy gave way to private involvement.

The telecommunication system was opened up with the issuance of Global System

for mobile communication (GSM) unified license in 2001. Nigerian

Telecommunication (NITEL) was the only operator in the market before 2001 with

subscribers of about 500,000 from a population of 140 million5. The deregulation

ushered in telecom players like MTN, Glo Mobile, Zain formerly Celtel, Etisalat,

Visafone, Multilinks, Starcomm and Zoom formerly Reltel. The

telecommunications regulator in Nigeria is Nigeria Comminications Commission

(NCC), established under the Nigeria Communications Act 2003. The boom of the

telecommunications industry brought economic benefits to the teaming population

of Nigeria as well as increases in organized crime for which the SIM registration

will help to curtail.

ISSUES ARISING FROM SIM CARD REGISTRATION IN NIGERIA

7. Loss of revenue by Telecom Operators. Mixed reactions trailed the

Nigerian government’s new measure to stem the menace of phone related crimes in

the country. The plan seems not to go down well with some telecom

operators, who although appreciated the NCC plan as a good development in the

telecom sector, but expressed fears that the implementation would cut down on the

rapid sales of SIM cards, and as well cut down on the volume of calls that would

have originated from the sales of those SIM cards. Subscribers site examples with

South Africa and Ghana where the introduction of SIM registration slowed down

the sale of new SIM cards.

8. Lack of Legislative Framework for Privacy of Subscriber Information.

The right to privacy is an inalienable human right that cannot be derogated from,

neither can it be subsumed under any government law or policy. Though Nigeria

presently has no legislative framework for Data Protection, the right to privacy can

be traced to the Constitution of the Federal Republic of Nigeria (CFRN) 1999, in

particular Section 37 provides: The privacy of citizens, their homes,

correspondence, telephone conversations and telegraphic communications is

hereby guaranteed and protected6. The broad import of this particular statutory
provision is to guarantee from interference and intrusion, the private affairs of the

Nigerian person. The privacy and data protection issues that arises from this

implementation process gives birth to the question, under what circumstances will

these personal data or information of Mobile telephony subscribers be collected,

accessed or used legitimately? This is are issues that needs to be addressed by

legislation.

9. Accessibility of Registration Centres to Rural Areas. Attention to the

rural areas is important as some of the crimes, especially kidnapping, find havens

in the remoteness of the areas. More publicity is also needed to ensure the success

of the registration exercise. At the moment, most of the registration is in the urban

centres with minimal considerations for millions of Nigerians residents in rural

areas who use phones; moreover, many perpetuators of criminal activities hide in

the rural areas.

10. Identification documents. The list of identification documents tenable for

registration such as e- Passports; Corporate/Company or Work Place Identity

Cards that has Pension Identification /Tax Numbers; Student ID Cards from

recognized institutions; Drivers License issued by the Federal Road Safety

Commission, FRSC; and E-Tax Cards, are issues that needs to be reviewed to suit

the realities of the society7. Majority of ordinary Nigerians who live in the rural

areas may not have access to any of these documents.

11. Involvement of Private Companies as Data Capture Consultants. The

involvement of private technology companies in the exercise has implications for

the privacy of subscriber data. This is because the personal details of individuals

are left in the hands of private companies who may divulge the information,

thereby exposing subscribers unduly.

PROSPECTS OF SIM CARD REGISTRATION

11. Even though the SIM registration exercise is faced with challenges which

may affect the success of the programme, there are prospects which may enhance

the achievement of the objectives. These are highlighted as follows;

12. Broad Based Stakeholder Involvement. The involvement of a wide

range of stakeholders such as the telecom companies, the security agencies, the

National Identity Management Commission, Association of Telecommunications

Company of Nigeria and the Independent Electoral Commission at the formative

stages of the project holds prospects for the success of the programme. Inputs from

these stakeholders have been incorporated in the SIM registration plan of action.

13. Commitment of the Federal Government to Overhaul the Security

System. The commitment of the Federal Government to strengthen the security

system in the light of incessant kidnappings and other organized crimes through

the uses of mobile phones presents a prospect for the success of the SIM
registration exercise. The government has therefore made provision for resources

to make the exercise a success.

14. Support from the National Identity Management Commission (NIMC).

The National Identity management commission being the agency saddled with the

responsibility of managing citizens’ identity data possesses a wealth of experience

and relevant facilities to make this type of exercise a success. These experiences

and facilities are being deployed as NCC has partnered with NIMC in the

execution of this exercise.

STRATEGIES TO ENHANCE SIM CARD REGISTRATION IN NIGERIA

15. Mass Issuing of National Identity Cards by The National Identity

Management Commission (NIMC). Issuing national identity cards to citizens

especially rural duelers who have no other means of identification will go a long

way to allowing many rural duelers register their SIM cards

16. Community Mobilization and Awareness Creation on the Importance of

SIM registration. Community mobilization through the various community

structures as well as mass mobilization using the media will go a long way in

communicating the benefits of SIM registration to the individual, families,

community and the nation.

17. Assurances on Confidentiality and use of Subscriber Biodata. There is a

need to assure subscribers of the confidentiality of the biodata collected during

SIM registration by putting in place a legal instrument on the use of subscriber data

between service providers and security agencies to avoid abuse.

CONCLUSION

18. The importance of SIM card registration cannot be overstated especially in

the light of recent happenings in the country where criminal activities are

perpetrated using anonymous mobile phones without a trace to their users. Though

the policy is being received with mixed feeling among telecommunication

operators and subscribers alike, the overriding need for national security overrides

the right to personal privacy of subscriber information. This paper highlighted

some of the issues arising from the SIM card registration policy of the Federal

Government, the prospects of the exercise and proffered strategies to make the

exercise a success.

RECOMMENDATIONS

It is recommended that;

a. The National Assembly should enact legislation that will spell how

subscriber information will be used by telecom operators and security agencies

b. The Federal Government should embark of massive community

mobilization activities on the SIM registration project

c. The National Identity management Commission should make National

Identity cards available to Nigeria to enable them register their SIM cards
NOTES
1
. James F. Ransome and John W. Rittinghouse, Privacy and Its Relation to Cloud-
Based Information Systems. IT Today
<http://www.ittoday.info/Articles/Privacy_and_Cloud.htm> Accessed 08/10/2010
2
Ibid.
3
Reuben Muoka, Press release Announcing the commencement of SIM registration
www.ncc.ng.gov Assessed 07/10/2010
4
National Communication Commission, Regulations for the Registration of all
Users of Subscriber Identification Module (SIM) Cards in Nigeria. 2010
5
Ibid.
6
Constitution of the Federal Republic of Nigeria 1999, Section 37
7
Izuogu, Chukwuyere Ebere, Data Protection Issues and the Legal Implications in
Nigerian Communications Commission’s (NCC) Directive on SIM Card Registration
(April 29, 2010). Available at SSRN: <http://ssrn.com/abstract=1597665> Accessed
07/10/2010