The Federal High Court in Lagos has affirmed the statutory authority of the Federal Competition and Consumer Protection Commission, FCCPC, to regulate competition and consumer protection across all sectors, including telecommunications.
Justice F.N. Ogazi delivered the ruling in a case brought by Emeka Nnubia, a legal practitioner and shareholder of MTN Nigeria, who sought to halt the FCCPC’s investigation into the telecom giant.
Representing himself, Nnubia argued that the Nigerian Communications Commission, NCC, not the FCCPC, held exclusive regulatory authority over MTN and that the FCCPC’s inquiry could violate data protection laws.
In a statement issued on Sunday, FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, welcomed the ruling, which was delivered on Friday, February 7, 2025.
Ijagwu emphasized that the judgment reaffirms the FCCPC’s mandate as the primary authority for preventing anti-competitive practices and protecting consumers in Nigeria, as outlined in Sections 17 and 18 of the Federal Competition and Consumer Protection Act, FCCPA, 2018.
“The ruling clarifies that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition matters within the telecom industry, must be read alongside Section 104 of the FCCPA 2018, which establishes FCCPC as the primary regulatory authority on competition and consumer protection across all sectors,” he said.
He further noted that the FCCPA, as the more recent legislation, supersedes conflicting provisions of the NCA 2003 where they seek to limit the FCCPC’s oversight in telecommunications.
According to him, the court ruled that the NCC does not have exclusive authority over competition regulation in the telecom sector. Instead, both the NCC and FCCPC share concurrent jurisdiction, ensuring a coordinated approach to fair competition and consumer welfare.
Ijagwu said the judgment reinforces the FCCPC’s mandate as the primary authority responsible for preventing anti-competitive practices and protecting consumers in Nigeria, in line with Sections 17 and 18 of the Federal Competition and Consumer Protection Act, FCCPA, 2018.
“The ruling clarifies that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the Nigerian Communications Commission (NCC) jurisdiction over competition matters within the telecom industry, must be read alongside Section 104 of the FCCPA 2018, which establishes FCCPC as the primary regulatory authority on competition and consumer protection across all sectors.
“It held that the FCCPA, being the later legislation, supersedes conflicting provisions of the NCA 2003 to the extent that they seek to exclude FCCPC’s oversight in the telecommunications industry.
“The court’s decision affirms that the NCC does not have exclusive competition regulation authority in telecommunications. Instead, both regulators now share concurrent jurisdiction, ensuring a coordinated approach to fair competition and consumer welfare in the telecom industry.
“Section 105 of the FCCPA 2018 provides for collaboration between FCCPC and sector regulators, including the NCC. This approach aligns with global best practices, where consumer protection regulators collaborate with industry-specific regulators.
“The ruling reaffirms that FCCPC’s jurisdiction remains paramount in competition and consumer protection matters, while also recognising the role of the NCC in regulating telecommunications operations,” the statement read.
“Furthermore, the court held that entering into a Memorandum of Understanding (MoU) with sector regulators is not a condition precedent for FCCPC’s enforcement of its statutory functions. Instead, it is the obligation of sector regulators to engage with FCCPC to define working arrangements, not the other way round.
“The ruling also confirms that FCCPC acted within its statutory powers in issuing a Summons to MTN Nigeria as part of its ongoing inquiry into potential anti-competitive practices. The Summons and Request to Produce was found to be lawful and within the scope of FCCPC’s investigative powers,” the statement read.
It further noted that “the court held that the FCCPC’s request for information from MTN did not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003. No personal data was requested, and MTN’s obligation to disclose information in the public interest is a legitimate basis for compliance with FCCPC’s inquiry.
“The court commended the excellence of legal arguments presented in the matter and rejected any attempt to restrain a regulatory authority from exercising its statutory functions. The ruling reaffirmed that preventing a regulator from discharging its duties violates the doctrine of separation of powers enshrined in the Constitution.
“On the issue of cost, the court acknowledged that the case raised important questions regarding the evolving landscape of competition and consumer protection law in Nigeria. While the court recognised that costs ordinarily follow events, it declined to award costs due to the public interest significance of the case.”
