Court rules against MTN, backs FCCPC’s authority in telecom regulation
By Blessing Emmanuel, Abuja
In a favourable ruling that reinforces the authority of the Federal Competition and Consumer Protection Commission (FCCPC), the Federal High Court in Lagos has affirmed that the commission has the statutory power to regulate competition and consumer protection across all sectors, including telecommunications.
The ruling, delivered by Justice F.N. Ogazi on Friday, February 7, 2025, put to rest the longstanding debate over the extent of the FCCPC’s jurisdiction in the telecom industry, particularly in relation to the Nigerian Communications Commission (NCC).
The judgement clarifies that the FCCPC, under the Federal Competition and Consumer Protection Act (FCCPA) 2018, has the primary authority to address competition and consumer protection concerns in Nigeria, even in regulated sectors like telecommunications.
The case was brought before the court by Emeka Nnubia, a shareholder of MTN Nigeria and a legal practitioner. Nnubia sought to prevent the FCCPC from proceeding with its investigation into MTN’s alleged anti-competitive practices, arguing that such oversight belonged exclusively to the NCC. He also raised concerns that FCCPC’s inquiries could breach data protection laws.
Representing himself in court, Nnubia contended that Section 90 of the Nigerian Communications Act (NCA) 2003 grants the NCC exclusive authority over competition matters within the telecom sector, effectively excluding the FCCPC from regulatory oversight in this area.
However, FCCPC, represented by its legal team led by Mr. Abimbola Ojenike and Ms. Oluwadamilola Omotosho, countered that the FCCPA 2018—being a later and more comprehensive law — takes precedence over any conflicting provisions in the NCA 2003.
They argued that while the NCC remains the industry regulator, the FCCPC has overriding authority on matters of competition and consumer protection across all sectors.
In a decisive ruling, the court upheld FCCPC’s jurisdiction, affirming that Section 104 of the FCCPA 2018 supersedes any conflicting provisions in the NCA 2003. The judgment clarifies that the NCC does not have exclusive authority over competition matters in telecommunications and that both regulators must collaborate to ensure fair competition and consumer protection in the industry.
Justice Ogazi ruled that the FCCPC is empowered to regulate competition and consumer protection across all sectors, including telecoms. He also ruled that The NCC and FCCPC share concurrent jurisdiction, but FCCPC remains the primary authority on competition-related matters, also, the FCCPC’s Summons to MTN Nigeria was lawful and within its investigative powers.
FCCPC’s request for information from MTN did not breach data protection laws, as no personal data was requested.
The court also dismissed any attempt to restrain FCCPC from carrying out its duties, stating that such interference violates the principle of separation of powers as outlined in the Nigerian Constitution.
Following the ruling, FCCPC Director of Corporate Affairs, Ondaje Ijagwu, issued a statement expressing the commission’s satisfaction with the court’s decision. He reaffirmed FCCPC’s commitment to enforcing competition laws and protecting Nigerian consumers from unfair business practices.
“This ruling confirms the FCCPC’s statutory mandate and ensures that Nigerian consumers continue to benefit from a fair and competitive marketplace,” Ijagwu said. “We remain committed to working with all sector regulators, including the NCC, to achieve our shared goal of consumer protection and market fairness.”
This ruling is a significant victory for the FCCPC and a major step toward ensuring a competitive and consumer-friendly telecommunications market in Nigeria. It reinforces the principle that industry-specific regulators like the NCC cannot operate in isolation when it comes to competition and consumer rights.
With this judgment, the FCCPC can now proceed with its investigation into MTN Nigeria without legal hindrance. The ruling also sets a precedent for greater cooperation between the FCCPC and other sector regulators, ensuring that consumer protection and fair competition remain at the forefront of Nigeria’s regulatory framework.
The Federal High Court’s ruling is a great feat for consumer protection in Nigeria, ensuring that the FCCPC can effectively regulate anti-competitive practices and safeguard consumer interests. It also reinforces the need for collaboration between regulatory bodies to create a fair and competitive marketplace.
MTN Nigeria is yet to release an official statement regarding the judgment. It remains to be seen whether the telecom giant will comply fully with the FCCPC’s inquiry or pursue further legal options.
