The Federal High Court, Lagos, has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) has the legal authority to oversee competition and consumer protection within the telecommunications industry.
The ruling delivered by Justice F.N. Ogazi, marks a significant moment in Nigeria’s regulatory landscape, affirming that the Nigerian Communications Commission (NCC) does not hold exclusive control over competition-related matters in the telecom sector.
Instead, the court ruled that both the NCC and the FCCPC must work together to ensure fair competition and consumer rights are upheld.
In a statement released on Sunday, FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, described the ruling as a “significant affirmation of the commission’s statutory mandate.”
The case was initiated by Emeka Nnubia, a legal practitioner and shareholder in MTN Nigeria, who sought to prevent the FCCPC from investigating MTN over alleged anti-competitive practices.
Nnubia argued that the NCC was the sole regulatory body for the telecom industry and that FCCPC’s involvement was an overreach of its powers.
He also raised concerns that the FCCPC’s inquiry could violate Nigeria’s data protection laws.
However, the judge disagreed, saying while the NCC has jurisdiction over competition in telecoms under Section 90 of the Nigerian Communications Act (NCA) 2003, this must be read in conjunction with Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) 2018, which establishes the FCCPC as the primary regulatory authority on competition and consumer protection across all sectors, including telecommunications.
He upheld FCCPC’s right to investigate MTN for potential anti-competitive practices.
Justice Ogazi said: “FCCPC acted within its statutory powers in issuing a Summons to MTN Nigeria as part of its ongoing inquiry,” emphasising that the commission’s “Summons and Request to Produce was found to be lawful and within the scope of FCCPC’s investigative powers.”
He also dismissed concerns about data protection violations, holding that “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 judge added.