The Federal High Court in Lagos affirms that the Federal Competition and Consumer Protection Commission (FCCPC) has the legal authority to regulate competition and protect consumers across all industries, including the telecommunications sector.
This announcement comes through a statement on the FCCPC’s official X page by Ondaje Ijagwu, Director of Corporate Affairs. The ruling reinforces the commission’s role in preventing monopolistic practices and ensuring consumer protection in Nigeria.
The FCCPC welcomes the court’s decision, which upholds its statutory power to oversee competition and consumer protection matters nationwide. The ruling, delivered on February 7, 2025, confirms the commission’s authority under Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
“The Federal High Court’s judgment underscores the FCCPC’s role as the primary agency responsible for regulating competition and safeguarding consumer rights in all sectors, including telecommunications,” the statement reads.
The legal challenge originates from a case filed by Emeka Nnubia, an MTN Nigeria shareholder and legal practitioner. He argues that only the Nigerian Communications Commission (NCC) has the jurisdiction to regulate competition within the telecom industry.
However, Justice F.N. Ogazi rules that the FCCPA 2018, as a more recent law, takes precedence over conflicting provisions in the Nigerian Communications Act (NCA) 2003 that seek to limit FCCPC’s authority in the telecom sector. The judgment clarifies that both the FCCPC and NCC have shared responsibilities in regulating competition, ensuring a balanced regulatory approach.
“The court’s decision affirms that while the NCC has competition oversight within the telecom industry, it does not hold exclusive authority. The FCCPC remains the primary regulator for competition and consumer protection across all sectors,” the ruling states.
The court also rules in favor of the FCCPC’s ongoing investigation into MTN Nigeria, stating that the commission acts within its legal powers when it issues a Summons and Request to Produce documents related to possible anti-competitive behavior.
“The court confirms that the FCCPC’s summons to MTN Nigeria is lawful and within its investigative powers. The demand for information does not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003,” the ruling affirms.
It further states that MTN’s obligation to provide requested information is a necessary step in ensuring fair competition and consumer welfare.
Regulatory Independence Reinforced
Additionally, the ruling emphasizes that the FCCPC does not require a Memorandum of Understanding (MoU) with other regulatory bodies to enforce its statutory mandate. Instead, it is the responsibility of sector regulators, including the NCC, to engage with the FCCPC in defining cooperative working relationships.
Despite ruling in FCCPC’s favor, the court chooses not to impose any financial penalties on the losing party. It acknowledges that the case raises significant legal questions about competition and consumer protection laws in Nigeria.
“The court recognizes the public interest significance of this case and, as such, declines to award costs against the losing party,” the statement concludes.
This ruling sets a precedent for future regulatory actions, reinforcing FCCPC’s authority to ensure fair market practices and consumer protection across all industries.
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