The imperative of Mini-Trial in the Resolution of Disputes in the Nigerian Telecommunications Industry
Abstract:The world has truly become a global village, and a necessary tool for this is communication, of which telecommunication is a key facilitator. Consequently, stakeholders in the telecommunications industry (which include the government, industry regulator, service providers, and users of telecommunications services and facilities) have engaged themselves in several activities. Consumers complain about inadequate services, while the industry regulator frowns at operators’ non-compliance and violations of regulations guiding telecommunications operations. Service providers are always at loggerheads over interconnectivity indebtedness. These are issues necessitating legal and regulatory frameworks for dispute resolution mechanisms in the industry. The government has enacted laws. Besides, the industry regulator has also made regulations and guidelines pursuant to the powers conferred upon it by law for the resolution of telecommunications disputes. The cumbersome nature and long process of litigation, with its attendant exorbitant financial commitment, are worrisome. The available Alternative Dispute Resolution (ADR) processes also appear to be inadequate. This article seeks to discuss Alternative Dispute Resolution (ADR) processes recognized by Nigerian law, particularly as provided for in the Nigerian Communications Act 2004 and the Arbitration and Conciliation Act 2004, in resolving telecommunications disputes. ADR processes and the recognized mechanisms in Nigeria are discussed. The article therefore discusses the imperative of the relevance of mini-trials and other ADR processes that are yet to be explored in Nigeria but that are functional, in view of the yawning towards ensuring a practical application of ADR in the Nigerian telecommunications industry.