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Author: Morgan Cole Partners

Morgan Cole Partners > Articles posted by Morgan Cole Partners
09 October
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NCC to Sanction Starlink for Unauthorized Price Hike: A Critical Analysis of the Regulatory Implications

Posted by Morgan Cole Partners
in Uncategorized

The Nigerian Communications Commission (NCC) has commenced regulatory action against Elon Musk's Starlink for breaching the Nigerian Communications Act (NCA) 2003 by reviewing its prices without obtaining prior approval from NCC. This development highlights both the regulatory challenges and the responsibilities that foreign tech companies face when operating in Nigeria. Starlink’s decision to raise its monthly subscription fees from N38,000 to N75,000 and its hardware costs from N440,000 to N590,000 has sparked concern among the Nigerian public and regulators, particularly in terms of affordability and fair pricing standards. Understanding the Regulatory Breach The Nigerian Communications Act (NCA) 2003 provides a legal framework...

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13 September
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Investment Opportunities Under the New Regime of the Electricity Sector

Posted by Morgan Cole Partners
in Legal Advice

The Nigerian electricity market is on the brink of transformation with the enactment of the new Electricity Act 2023, which replaces the Electric Power Sector Reform Act (EPSRA) of 2005. This legal overhaul is designed to foster a more competitive, decentralized, and sustainable electricity market. Nigerian Electricity Regulatory Commission (NERC) has been creating and enforcing policies in the light of the new electricity regime in Nigeria. The framework opens the door to a myriad of investment opportunities for both local and international investors. We will be examining successful case studies from around the world, investors can glean valuable insights into...

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13 September
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PRICE CONTROL IN NIGERIA: THE ROLE OF THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION

Posted by Morgan Cole Partners
in Uncategorized

PRICE CONTROL IN NIGERIA: THE ROLE OF THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION INTRODUCTION/CONCEPT OF PRICE CONTROL Price control refers to government intervention in the marketplace to regulate the prices at which goods and services can be sold.[1] It is essentially establishing a minimum or maximum limit on the price of a good or service, preventing prices from falling below or rising above these set thresholds. Price control in Nigeria has been implemented at various times in an attempt to curb inflation, protect consumers, and ensure access to essential goods, particularly during times of economic hardship. By regulating the cost of...

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03 September
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TRANSITION TO STATE ELECTRICITY MARKETS IN NIGERIA

Posted by Morgan Cole Partners
in Legal Advice

Introduction The Nigerian Electricity Supply Industry (“NESI”) is currently undergoing a transition as sub nationals based on recent constitutional amendment[1] to establish and regulate their own electricity markets. This was further strengthened by the enactment of the Electricity Act of 2023 which was assented to by President Bola Ahmed Tinubu. Consequent upon the foregoing, the Nigerian Electricity Regulatory Commission (“NERC”) has granted regulatory approvals to six states — Enugu, Ekiti, Ondo, Imo, Oyo and Edo, which marks a significant milestone in the decentralization of Nigeria's power sector. This transition offers opportunities for states to craft policies that enhance energy access, stimulate...

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24 July
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Data privacy violation and market abuse.

Posted by Morgan Cole Partners
in Uncategorized

FEDERAL COMPETITION & CONSUMER PROTECTION COMMISSION (FCCPC) FINES META $220M FOR DATA PRIVACY VIOLATIONS & MARKET ABUSE In a groundbreaking move, the FCCPC has imposed a monumental fine of $220 million on Meta, the parent company of Facebook. This fine is a direct consequence of Meta's data privacy violations and market abuse. This marks a significant milestone in the enforcement of data protection laws in Nigeria WHY THIS MATTERS? With the rapid expansion of digital platforms, the protection of personal data has become more crucial than ever. This decisive action sends a powerful message to global tech giants that they must comply with...

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19 July
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MONEY LENDING SERVICES IN NIGERIA

Posted by Morgan Cole Partners
in Legal Advice, Pro Bono Work, Training

  Introduction Money lending in Nigeria has transitioned from traditional banking to a more flexible, technology-driven system. This evolution, which includes FinTechs and other digital companies, offers increased convenience, speed, and efficiency. As the money lending landscape has changed, the need to regulate these entities and their interactions with borrowers has become crucial. This paper outlines key regulatory and compliance considerations for establishing and operating money lending businesses in Nigeria. Who Can Offer Money Lending Services in Nigeria? In Nigeria, money lending services can be offered by various entities, including: Deposit Money Banks (DMBs) Microfinance Banks (MFBs) Finance companies Cooperative societies Financial technology companies operating...

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02 July
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REVIEW OF THE POWER SECTOR: ANALYZING THE MINI-GRID REGULATIONS, 2023

Posted by Morgan Cole Partners
in Pro Bono Work, Training

Over the years, Nigeria has experienced a remarkable paradox, one of acute energy poverty in the midst of plenty. Despite the country’s huge energy resources, including both large and small hydropower and abundant gas reserves, 44.6% of households, according to the National Bureau of Statistics do not have access to grid electricity. The federal government privatized the state-owned Power Holding Company of Nigeria (PHCN) in 2013, in the hopes that the private sector would bring the investment needed to drive the electricity sector and provide much-needed energy to millions of Nigerian households and productive users. However, eight years after privatization,...

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20 May
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The National Cyber Security Fund – A Brief Overview

Posted by Morgan Cole Partners
in Legal Advice, Pro Bono Work

The Cybercrime (Prohibition, Prevention, etc) Act 2015 (as amended) was first passed into law in Nigeria in May 2015. The Act was deemed necessary as a result of the ever-rising influence of technology and the realization that 21st century technology, especially easy-to-access social media could, as much as it was a way of bringing the world together for ease of communication and business, also be a breeding and fertile ground for scams, frauds, bullying and other related illegal activities. This fertile ground for illegal activities has actually been on a constant rise since the late 1990s, when online scams started...

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13 November
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UNLOCKING NIGERIA’S ENERGY TRANSITION POTENTIAL

Posted by Morgan Cole Partners
in Cultural Schemas, High Pressure, Legal Advice, Necessary Forms, Pro Bono Work, Training, Uncategorized

Nigeria, with its vast energy resources, is at a crucial crossroads in its journey towards cleaner and more sustainable energy sources. In 2022, the nation launched its much-anticipated Energy Transition Plan, aiming to reduce emissions and harness the power of natural gas. However, despite decades of planning, only a mere $1 billion of the planned $80 billion has been committed to these transformative projects. Civil society organizations, including the African Initiative for Transparency, Accountability, and Responsible Leadership, and the Natural Resource Governance Institute, came together in a policy dialogue in Abuja. Their message was clear: Nigeria declared the 2020s as the...

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01 September
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Host Community Rights Under the Petroleum Industry Act in Nigeria: The Journey So Far – Stanley Negbenebor & Prisca Enwerem

Posted by Morgan Cole Partners
in Legal Advice, Training

In Nigeria, the issue of host community rights has gained significant attention due to the nation's reliance on natural resources, particularly in the oil and gas sector. The exploration and extraction of these resources often occur in regions inhabited by host communities, raising concerns about their rights, compensation, and overall well-being. Over the years, the Nigerian government has implemented various laws and regulations to address these concerns and ensure that host communities are adequately protected and compensated for the use of their land and resources. Host communities hold a pivotal role in the success of Nigeria's petroleum industry operations, with their...

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