NIGERIAN COMMUNICATIONS ACT

Section 45: Suspension or revocation of individual licence.

2003Section 45 of 158Federal Republic of Nigeria

(1) The Commission may, by declaration suspend or revoke an individual licence granted under this Act in any of the following circumstances-
(a) the licensee has failed to pay any amount or fine required by or imposed pursuant to this Act or the individual licence ;
(b) the licensee has failed to comply with the provisions of this Act or its subsidiary legislation or the terms and conditions of the individual licence ;
(c) the licensee has contravened the provisions of any other written law relevant to the communications industry ;
(d) the licensee has failed to comply with any instrument issued, made or given by the Commission ;
(e) if the licensee-
(i) is unable to pay its debts within the meaning of that expression as defined in the Companies and Allied Matters Act,
(ii) enters into receivership or liquidation
(iii) takes any action for its voluntary winding-up or dissolution or enters into any scheme of arrangement (other than in any such case for the purpose of reconstruction or amalgamation upon terms and within such period as may previously have been approved in writing by the Commission) or if any order is made by a competent court or tribunal for its compulsory winding-up Or dissolution ; or
(f) the suspension or revocation is in the public interest.
(2) Notwithstanding any contrary provision in this Act, an individual licence may be suspended or revoked under subsections (1)( a), (b), (c) or (d) of this section only after-
(a) the Commission shall by written notice have informed the licensee of its breach under the said subsection and demanded that the breach be rectified, (if it is capable of rectification), within 60 days from the date of the notice; and
(b) the licensee has failed to rectify the breach within the said time-frame.
(3) Prior to the suspension or revocation of an individual licence under subsection (1 )(a), (b), (c) or (d) of this section, the Commission shall inform the licensee by written notice, as soon as practicable, of its intention to suspend or revoke the licence and the reasons therefor.
(4) The affected licensee shall be given a reasonable opportunity to make written submissions to the Commission within a time period specified in the notice and such time period shall not be less than 14 days from the date of the notice.
(5) The affected licensee may, within the time period specified in the notice, submit a written submission and the Commission shall consider the submission in making its final determination and declaration on the suspension or revocation of the individual licence.
(6) Subject to subsections (4) and (5) of this section, the suspension or revocation of an individual licence shall take effect on the expiration of 30 days from the date on which the notice of the Commission's declaration under subsection (3) of this section in respect of the suspension or revocation is served on the licensee.
(7) Where the suspension or revocation of an individual licence has taken effect, the Commission shall, as soon as practicable, cause the suspension or cancellation to be published in at least one national daily newspaper.
(8) Any delay or failure to publish the notice of suspension or revocation shall not in any manner affect the validity of the suspension or revocation.

Cite this section

Section 45, NIGERIAN COMMUNICATIONS ACT (2003).

https://repo.podus.ai/laws/nigerian-communications-act/section/45/