6
FAO No. 42 of 2016.
7.
The learned counsels have been heard and the
record perused with their able assistance.
8.
The controversy in the instant appeal and the
connected petitions is regarding the power and jurisdiction
vested in the Federal Government or the Authority to direct
the service providers licensed under the Act of 1996 to
suspend the mobile cellular services to their customers. The
questions which emerge for consideration are in the context
of the powers vested in the Federal Government under
section 8 of the Act of 1996 to empower the Authority,
through a policy directive, to pass orders and directions
relating to the suspension of mobile cellular services. The
adjudication
essentially
involves
interpretation
of
the
provisions of the Act of 1996, particularly sections 8 and
54(3) ibid. This Court is also required to examine whether the
Policy Directive is in conflict with section 54 of the Act of 1996
and, if so, then the ensuing consequences. In essence, this
Court has to determine the scope of the powers vested in the
Federal Government and the Authority to direct the licensed
service providers of mobile cellular services to suspend its
operations.
9.
In order to answer these questions it would be
beneficial to examine the relevant provisions of the Act of
1996. The Act of 1996 was, inter alia, promulgated to provide