Afeez Iyiola (M.Sc., B. Tech)

Today, with our team of lawyers at the Federal High Court in Maitama, Abuja. These brilliant lawyers appeared free of any charges for the case against MTN Nigeria, Airtel Nigeria, Glo World, FCCPC, and DStv. They were led by Ogbaga Ogba Immanuel. Before 8 AM this morning we were at the court to officially begin the case. Unfortunately, the court adjourned until 15th of November. On the 18th, we will be there and we will continue to talk about what these telecoms are doing to Nigerians and also continue the legal challenges, until the relevant authorities put an end to the open fraud these big corporations are committing against Nigerians. Our case is simple: If I buy a 30-day data plan and use it heavily, the network tells me my data has been exhausted after just a few days. Their justification is simple: you’ve consumed everything you paid for. Fair enough. But if I use the same data sparingly and still have a balance on the 30th day, the remaining data suddenly expires. The justification now changes: your subscription has reached its validity period. So which principle is actually governing the transaction? If the argument is that I am being charged based on usage, then why should unused data expire at all? I haven’t consumed what I paid for. If the argument is that I paid for 30 days of access, then why is the data allowed to run out before those 30 days are over? Shouldn’t I continue to have access until the agreed expiration date? The industry appears to switch between two contradictory principles, depending on which one benefits the company at that particular moment. -When heavy usage favors the network, they say: “You used it all.” -When light usage favors the customer, they say: “Time is up.” The customer loses under both systems. This inconsistency becomes even more obvious when you compare it with airtime. Your airtime does not disappear simply because 30 days have passed. It remains yours until you actually spend it. The network does not wake up one morning and confiscate your remaining airtime because a calendar date has arrived. Why then should paid data be treated differently? The principle should be consistent. If a data bundle has a fixed expiration date, then the purchased volume should remain available until that date, regardless of how quickly or slowly it is used. Conversely, if the network insists that data can be completely exhausted at any time based solely on consumption, then there is no logical basis for imposing an expiry date on any unused balance. Once I have paid for it, what I have not consumed should remain mine until I consume it. You cannot simultaneously tell customers: “Your data can finish before the validity period because usage matters,” and then turn around and say, “Your remaining data has expired because the validity period matters.” Those are two different charging philosophies. Switching between them depending on which one increases company revenue is not a coherent billing principle — it is a contradiction. The question is simple: When consumers pay for data, are they buying a quantity of data, or are they buying time? If the answer is data, then unused data should never expire. If the answer is time, then the purchased data should remain available throughout that entire period, regardless of consumption patterns. The current system attempts to have it both ways, and in every scenario, the consumer bears the loss. And this is why we have gone to court. In South Africa right now, the regulator ICASA has ordered MTN and Vodacom to stop letting data expire. New rules say unused data, voice and SMS must roll over automatically, at no extra cost, once the bundle's time is up. MTN and Vodacom did not comply quietly. They took ICASA to court to try to block it. They are facing fines of about R5 million each for non compliance. That's about N410 Million. That is the real story. A regulator with teeth forcing

I have just been informed that MTN and co have sent their SANs. They believe that they can always use money to silence cases like this, but we can with our own team of very brilliant lawyers. If the case demands SANs we will get them. We are waiting for the Hon. Justice.