The ability to communicate seamlessly has been one of the marvels of the 21st century and this is evident in the use of the internet. The Financial Times, in one of its opinion pieces, rightfully pointed that “Few inventions have changed society as radically or as rapidly as the internet. However, despite the increasing numbers of individuals connected to the internet, there remains a discussion on the quality of the connection and the issue of inclusiveness as 3.7 billion individuals are yet to be connected!

In Nigeria, data reveals that the use of the mobile phone has made a major impact in the country as there exists an 83% mobile phone penetration as opposed to a 40% internet penetration. SpaceX, a United States-based exploration company recently indicated that it was in discussions with the Nigerian Communications Commission regarding securing relevant licences to launch a satellite internet service in Nigeria. Its proposed activities in Nigeria are to be carried out through its subsidiary; Starlink Satellites, a company established to improve internet coverage in rural and underserved areas globally. Starlink Satellites has reported 1,400 launches globally.

The market entrée of SpaceX into the Nigerian market would serve to boost competition in the sector and aide the Country in the attainment of its stated goals in the Nigerian National Broadband Plan 2020-2025. The Broadband Plan aims for speed to be a minimum of 10 megabits per second (Mbps) in rural areas and 25Mbps in urban areas and to attain a broadband penetration of 90% by the year 2025 at 2% of median income or 1% of the minimum wage (approximately NGN390 per 1GB). It would however also be important from a legal and market access perspective to consider whether there may be any negative impacts of SpaceX’s entry into the Nigeria market such as the possibility of abuse of a dominant position as envisaged in the Federal Competition and Consumer Protection Act.

The importance of Information and Communications Technology (ICT) cannot be overstated and its relevance to financial, social, and economic inclusion has contributed to its growing significance. In Nigeria, the ICT sector contributed 15.05% to the nation’s total GDP increase in 2020, ultimately highlighting that sector’s potential as a springboard for the growth of the overall economy.

Furthermore, in some jurisdictions such as Sweden, the right to the Internet is a fundamental right as it is perceived that access to the internet is invariably an essential requirement for the exercise of other fundamental rights such as the right to freedom of thought and opinion. In Nigeria, the right to internet access is neither viewed as a fundamental or a non-justiciable right in the provisions of the 1999 Constitution of the Federal Republic of Nigeria. The Government has however made commendable strides to emphasise its importance to development through policy reforms such as the National Broadband Plan. Despite the dearth of primary legislations on this topic, there are other general legislations relating to corporate and tax laws that would be applicable to an operator in the Nigerian market.

Conclusively, the implementation of policy frameworks, such as the National Broadband Plan, point towards a positive direction for companies such as Space X which seeks to have a presence in the country as they ultimately outline the country’s goal to attain high levels of internet penetration.

RESOURCES

 Editorial Board Financial Times, Time to close the digital divide at <https://www.ft.com/content/df6d1cd2-9b6e-11ea-adb1-529f96d8a00b> accessed on May 10, 2021.

  Doreen Bogdan-Martin, More urgent than ever: Universal connectivity to bring 3.7 billion people online at . accessed on May 10, 2021

 Adaobi Oni-Egboma, The new broadband plan and Nigeria’s digital future at <https://www.stearsng.com/article/the-new-broadband-plan-and-nigerias-digital-future> accessed on May 10, 2021

 Emmanuel Paul, SpaceX wants to secure licences to fully launch its satellite Internet service in Nigeria at  accessed on May 10, 2021.

 Ibid

 Dr. Isa Ali Ibrahim (Pantami), Special Remarks, Nigerian National Broadband Plan 2020-2025 at  accessed on May 10, 2021.

 Tomiwa Onaleye, ICT Contribution Rise to 15% as Nigeria’s Real GDP Drops to N70 Trillion in 2020 at <https://technext.ng/2021/02/19/ict-contribution-rise-to-15-as-nigerias-real-gdp-drops-to-n70-trillion-in-2020/#:~:text=The%20contribution%20of%20the%20Information,positive%20growth%20in%20all%20quarters.>

 Sweden and Human Rights at  accessed on May 12, 2021