By Cudjoe Kpor

Bashir
Gwandu, the Executive Commissioner, Technical Services, Nigerian
Communications Commission (NCC), seen speaking at an international event
organised by the International Telecommunication Union (ITU) is being
considered for sanctions over allegations of misconduct including
promoting positions that are in conflict with Nigeria’s interest at the
UN specialised agency that coordinate the global telecoms industry.
Gwandu has some of the allegations in an interview with Technology Times
Photo credit: ITU
Lagos. October 14, 2012: Bashir Gwandu, the
Executive Commissioner (Technical Services) of the Nigerian
Communications Commission (NCC) may be sanctioned by its Board of
Commissioners over alleged misconduct, in a new twist to the row brewing
at the nation’s telecoms regulatory agency.
Technology Times learnt that Gwandu may be the target of
punitive actions over alleged misconducts ranging from unilateral
reopening of Cobranet, an ISP shut down over illegal frequency
occupation and connivance with GSM operators to persuade them against
payment of service quality fines imposed by NCC a few months ago.
Other allegations include that the NCC Executive Commissioner was
smuggled into the NCC Board as he was not reconfirmed for a second term
and that he was promoting positions that were in conflict with Nigeria’s
interest at the International Telecommunication Union (ITU), among
others.
Gwandu is returning to the centre of another storm after a major
battle to succeed the immediate past Executive Vice Chairman, NCC,
Ernest Ndukwe, a move that resulted in a bitter feud that pitted both
men against each other over the succession bid.
Reacting to the allegations, Gwandu told
Technology Times in
an interview at the weekend that he was not aware of decisions to
sanction him by the NCC Board but confirmed he was being targeted for
blowing the whistle on alleged frequency racketeering by the leadership
of the telecoms regulator.
Over the last few weeks, reports have appeared in the media about
alleged frequency racketeering that was said to have favoured Smile
Communications and a sale of frequency slot belonging to the Nigeria
Police to a private firm, Open Skys.
Another bone of contention raised by Gwandu was that NCC had
recommended a waiver of frequency debt totaling over N1 billion in
favour of MTS First Wireless, a company in which current EVC of NCC,
Eugene Juwah, was a Director.
Meanwhile, Juwah at the weekend denied the all the allegations citing
that they are being motivated by unnamed mischief makers while noting
that he was never CEO of MTS and was not in any way personally
responsible nor was NCC responsible for the waiver.
In his defence, Juwah said that though he worked at MTS prior to his
appointment as EVC of NCC, he was never an owner, CEO nor did he at any
time recommend a waiver for the telecoms company under the current
dispensation.
Juwah said he joined MTS as a Consultant in 2001 and was subsequently
invited to become Executive Director of the company but he was at no
time the CEO. By the time he was leaving MTS, a major investor, Lulu
Briggs had pumped funding into the telecoms company to become virtually
the sole owner of the business.
According to the EVC, the ensuing crisis over alleged frequency
racketeering and MTS waiver makes it “obvious that there is a motive and
agenda by some unscrupulous elements who are enemies of this
administration and who are bent on stopping us from excelling.”
“First was spectrum, now is MTS, Nigerians are laughing and waiting
for what next from this same people”, he said in an interview published
today by ThisDay.
“I never ran MTS for one day as CEO. I never obtained or signed for
any loan of MTS and I challenge anyone to bring me a document showing
where I signed for a loan on behalf of MTS. I never, because I was never
the CEO. Even technical purchases and services under my purview were
never signed by me”, Juwah adds.
He says that unnamed persons recently went to his alma mater to
crosscheck if he actually obtained a PhD there with the obvious
intention to discredit him while noting that he has over 30 years
experience in Engineering and Management while adding that, “I am not a
neophyte.”
Juwah said that, “MTS took loan from a number of banks in order to
operate but I was never a signatory to those loans. The people who owned
MTS liked to sign the loans and make their own arrangements. I was
never an owner of MTS although I was given a very small shareholding for
“sweat equity” adding that the company soon went bust, “so the shares
were worth nothing.”
Meanwhile, for the first time, Gwandu has admitted that he is the
whistleblower in the alleged frequency slots sale allegations when he
confirmed in the interview with Technology Times that he had intimated
Vice President, Namadi Sambo, on the developments surrounding the
alleged frequency sales.
Gwandu, who said that he first made the disclosure on the alleged
allocation of the Nigeria Police frequency to Smile Communications to
the Vice President about 40 days ago says that the substance of his
disclosure was that a 4G (Broadband) spectrum in the 800MHz band has
been allegedly sold under the table without competitive-bidding as
required by law to Smile Communications, which is not yet licensed by
the commission, for less than one per cent of the price other countries
are generating for the allocation.
However, Reuben Mouka, NCC Head, Media and Public Relations, had in
the wake of the report on the allocation of frequency to Smile
Communications absolved the leadership of the telecoms regulatory agency
of any underhand deals in the transaction.
Specifically, Mouka said the transactions predated the assumption of
office by the current Executive Vice-Chairman of the commission, Eugene
Juwah about one year prior to his assumption of office in July 2010.
“The Current Executive Vice Chairman of the Commission, Dr. Eugene
Juwah, did not initiate the allocation of the aforesaid frequencies,
having resumed in July, 2010, while the process began since 2009. Even
after resumption at NCC, Dr. Juwah has strictly followed the due process
of issuance of licences and frequencies,” Mouka adds.
NCC says further that to obtain its UASL licence, Smile
Communications paid N320,250,000 on June 26, 2009; for the PNL licence,
it paid N46,830,000 on February 26, 2009 and for its Spectrum Licence
with 10 years’ validity from July 2009, another N2,154,600,000 for the
Federation Account and also paid N718,200,000 for the additional 5 MHz
frequency.
Meanwhile, Gwandu may be the target of fresh punitive measures that
could in the extreme lead to his removal from the Board over allegations
against him bordering on alleged conflict of interest, people
conversant with the situation told Technology Times on condition of
anonymity.
One of them is the alleged collusion with executives of GSM companies
to persuade them against paying the N1.17 billion fines imposed by NCC.
Gwandu admits his opposition to the fines imposed on the four GSM
networks noting that, “whilst I do not claim that Quality of Service
(QoS) today is in any way acceptable, I opposed the sanction against the
operators imposing a penalty of N1.17billion, because I believe that
the way and manner the fines were applied was not in conformity with the
QoS Regulations. I have made my position clear in a Memo.”
According to him, “it is important to note that as the main arrowhead
of the Quality of Services (QoS) Regulation, I made provision for the
penalties, and was not prompted by anyone to include them in the
Regulation. Thus, it is clearly improbable that I will include the
penalties and the tight rules if I do not want them to be used. I insist
that NCC has no power other than what it derives from the law and
therefore NCC must not work by intimidation but by compliance with the
rule of Law. Please note that following the law is a key indicator of
regulatory excellence. I remain convinced that the N1.17billion fine was
not strictly in conformity with the QoS Regulations and that there is
need to ensure that the Regulations are applied properly.”
Gwandu also dismissed the allegations as diversionary and irrelevant.
“Look, I had never seen or spoken to Dr Juwah until he came to NCC as
the EVC. I have no reason to fight him,” he says adding that, “some may
say the man came programmed. These types of allegations have been
levelled against me by the same circle of people over many years because
I am standing in the way to stop them from undermining the country for
selfish gains.
According to him, “When people want to conceal main issues, and
facts, they resort to cheap blackmail. I am part of the leadership of
the commission. It is a Regulatory Commission with commissioners given
statutory independence (even from ministers) to take decisions and
execute their functions. There is good reason for that, as the
commission is sitting between powerful interests. We must withstand
pressure and do what is right for the country. No one commissioner can
decide for the commission and call it decision of the commission.”
Gwandu similarly dismissed another allegations with a wave of the
hand: For instance, nothing about MTS should be directed to him. It
should be directed to Juwah, he said.
On ITU representation of the country, he said that, “It is
unfortunate that I am being persecuted for bringing benefits to
Nigeria…. I was also able to deliver results for Nigeria which has never
been matched by anyone in the 145-year history of the ITU. My
interventions have resulted in Nigeria getting spectrum that should
generate billions of dollars in revenue (part of which is now being sold
at ridiculous prices), and I worked to ensure that Nigerians were
elected to ITU positions that we merit as a country.”
On being smuggled into the NCC Board, he cited the relevant sections
of the law which says initial confirmation must be by the Senate. But
renewal is solely the prerogative of the President. “I have never for
once thought it would be difficult to secure a Senate confirmation. I
have confidence in our Senators and as long as they are looking for
people that will serve this country well in the area of my expertise, I
will for the foreseeable future, qualify and meet the required standard
to be an independent-minded regulator,” he adds.
On the allegation he reopened Cobranet because he was bribed, he
said, “This is simply blackmail and I am hearing it for the first time
from you, 12 months after the incident. It is instructive to note that
the allegation is only coming after I exposed a major fraud at a meeting
with the Vice-President.”
On the closure of Cobranet, he alleged that an “overzealous junior staff” who went on the rampage and shut it down.
“The law requires us to issue written warning, notice, or direction
to our licencees for any breaches, and licensees are required to be
given fair hearing. The law also requires NCC to consider the consumers
who might have made pre-payments to the company, and take step to
migrate them.”
According to him, the junior staff ignored the Legal Department of the commission and went ahead to close the company.
Finally, he said if the NCC board unilaterally chose to impose
sanctions against him without fair hearing, it would be unconstitutional
violation of his rights: “If any such board meeting was held without
any input from me, it will be in clear breach of the Constitution of the
Federal Republic which provides that every citizen of Nigeria has a
right to receive fair hearing before any punitive action can be taken
against the citizen.
Meanwhile watchers of developments within NCC believe the fresh
crisis in the telecoms regulatory agency is a throwback of the intrigues
that trailed the last lap of departure of the immediate past boss of
the agency, Ernest Ndukwe.
Ndukwe, whose 10-year tenure as head of NCC ended April 3, 2010, was
then irked by unnamed people who have resorted to what he cited as a
media campaign to secure the position lashed out at them as “desperate
lobbyists attempting to use the media to achieve their selfish motives.”
Part of the controversy arose over the Ndukwe’s second tenure that
began April 3, 2005 which saw NCC denying what it cited as
“insinuations” surrounding the terminal date for Ndukwe’s tenure as the
agency’s boss.
“Our attention has been drawn to news reports insinuating that the
second term tenure of the Executive Vice Chairman and Chief Executive
Officer of the Commission, Engr. Ernest Ndukwe, ends today, February 18,
2009″, NCC had said in a statement at the time denying reports that his
tenure expired on February 18, 2009.
NCC also expressed concern over, “the unusual attention directed on
this issue in the media, and the level of propaganda, sentiments and
insinuations attending these reports, some of which have no basis or
reference to the position of the law guiding the appointment of the
chief executive of the Commission.”
According to Ndukwe at the time, “the frequency of these damaging
speculations has become very suspect. The Commission wishes to
dissociate itself from these wild speculations and insinuations which
may have been fuelled by some desperate lobbyists attempting to use the
media to achieve their selfish motives.”
He also clarified that, “for the avoidance of doubt, it is the
prerogative of the President of the Federation to appoint the new chief
executive officer for the Commission at the appropriate time. We are
confident that such decision will not be based on sentiments and
insinuations sponsored in the media.”
NCC had then flayed the speculation noting that, “this report is false and should be disregarded by the public.”
“For the avoidance of doubt, Engr. Ndukwe’s second tenure of five
years as the Executive Vice Chairman of the Commission commenced on
April 3, 2005 as conveyed in his letter of appointment signed by then
Minister of Communications, Chief Cornelius Adebayo, following
confirmation by the Senate”, the telecoms regulator said at the time.
NCC added that, “it must be stated that it is the sole prerogative of
Mr. President to decide when a new head of the NCC will be appointed.
Declaration of vacancy and appointment to the position of the Executive
Vice Chairman of the Commission should not be a matter for speculation.”
The battle to become the agency’s next boss had then attracted
interest of a number of NCC insiders including current NCC Executive
Commissioner, Technical Services, Bashir Gwandu; Director, New Media
& Information Security Dept., Sylvanus Ehikioya; Secretary of
Universal Service Provision Fund (USPF), Funso Fayomi as well as former
Executive Commissioner, Stakeholder Management, Stephen Bello, among
others.
Technology Times had on January 28, 2010 reported exclusively that
the Board of Commissioners of NCC recommended the names of a former top
shot of privately-owned phone company, MTS First Wireless, Eugene Juwah
and two others officials of NCC for consideration to government for the
EVC position.
The second nominee by the NCC Board was an ‘insider’ and Vice
President (Academics & Student Affairs) in Kano, Digital Bridge
Institute (DBI), Umar Garba Danbatta, a professor at the institution set
up by NCC.
The third nominee was another NCC ‘insider’ and former Executive
Commissioner, Stakeholder Management, Stephen Adedayo Bello. Hitherto,
Bello, who was appointed Director of Engineering of NCC in 2000 and
Executive Commissioner, Engineering and Standards, in 2005 was the
Executive Commissioner, Licensing and Consumer Affairs.
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