EXAMINATION OF THE DUTIES AND LIABILITIES OF INTERNET SERVICE PROVIDERS UNDER NIGERIAN LAW

Student: Uwais Musa Tijjani
Supervisor: Dr Ibrahim Bello
HOD: Dr Effiong Asukwo Esu
Department of Private Law
Law
Baze University, Abuja, Fct

Abstract

ABSTRACT The study critically examined the legal and institutional frameworks regulating the duties and liabilities of Internet Service Providers (ISPs) in Nigeria, with a particular focus on quality of service, high cost, and consumer protection mechanisms. It examined key statutes such as the Nigerian Communications Act 2003, the Consumer Code of Practice Regulations 2007, and the Federal Competition and Consumer Protection Act 2018. The research adopted the doctrinal research methodology. The research further engaged international frameworks such as the International Telecommunication Regulations (1988) and the General Agreement on Trade in Services (GATS) to assess Nigeria’s alignment with global best practices. Findings revealed that while existing laws assigned broad obligations to ISPs, the lack of enforceable benchmarks, vague service standards, and weak regulatory oversight limited their effectiveness. The study also identified institutional challenges, including inadequate funding, limited technical expertise, and overlapping regulatory functions, which undermined compliance and consumer redress. Drawing from Stakeholder Theory and Social Contract Theory, the research advocated for a consumercentered regulatory approach that balanced commercial objectives with public interest. It concluded by proposing legal reforms, capacity enhancement for regulatory agencies, and the domestication of international service quality standards to improve ISP accountability and protect consumer rights in Nigeria’s evolving digital economy.

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