[Op-ed] On Right of Way (RoW) charges, Kwara can go with FG

By: Abdulazeez Abdulkareem (Advocate)

Kwara State Governor AbdulRahman AbdulRazaq recently directed the slashing of the Right of Way (RoW) fee for telecommunication firms (telcos) from N5,500 per linear metre to N1 per kilometre of fibre.

We can easily said GAA (Governor AbdulRahman AbdulRazaq) just ordered RoW in Kwara state to be free.

A right-of-way (ROW) is a right to make a way over a piece of land, usually to and from another piece of land. A right of way is a type of easement granted or reserved over the land for a purposes, such as a the telecommunications we see here in Kwara state.

This decision according to the press release is designed to deepen digital penetration in Kwara State, jerk up the state’s ease of doing business ratings, and ease people’s access to the internet and other digital communication even in the remotest part of the state. A good, innovative and great decision at this time, kudos GAA.

However, It may be recalled that in 2013, NEC set up a Committee comprising State Governors and Ministers to review the issues of multiple taxation in the telecommunications industry in Nigeria and its impact. The Committee, after extensive and wide-ranging consultations, resolved to harmonize the taxes applicable to broadband-related activities and streamline the taxation management processes across the Federation.

Specifically, the Committee agreed to the uniform Right of Way (RoW) charge of N145.00 per linear meter of fibre, today Kwara state reviewed the charges downward to N1.

Just of recent Ekiti State Government slashed the right of way charges for telecommunications infrastructure from N4,500 to N145 per meter, at least a great move too.

And of recent too, some states – including Lagos, Kano, Anambra, Ondo, Cross River, Kogi, Osun, Enugu, Adamawa, Ebonyi, Imo, Kebbi and Gombe allegedly increased charges by over 1,200 per cent, according to a recent report.

Across Lagos, the commercial capital of Nigeria, and other federating states, roads are trenches dug by telecom companies and internet service providers (ISPs). These trenches, usually dug beside gutters (where they are available), carry fibre optic cables.

Same in Kwara state, we have witness many telecom service providers digging trenches on our roads thereby creating more damages on our roads without any meaningful repair.

Today, with this downward review to almost a free charges on this RoW, where will the state government get the revenue to repair some damages done by this trenches dugs by the telecom service providers if they eventually start work.

Before any service provider could dig any cable-carrying-trenches, they must have Right of Way (RoW) from either the federal government or the state government. To the best of my knowledge, even the federal government charge them N145 RoW linear metre as of today.

Although Kaduna State Governor, Nasir el-Rufai, had taken the lead last week by eliminating the charges for telecommunications companies with Imo also following suit by slashing the RoW charges by 97 per cent from N4,500 to N145.

Abdulazeez Abdulkareem (Advocate) writes from Ilorin.