THE Federal High Court in Lagos has affirmed the Federal Competition and Consumer Protection Commission’s (FCCPC) authority to regulate competition and consumer protection within Nigeria’s telecommunications sector, including MTN Nigeria.
The ruling, delivered on February 7, by one of the court justices, F.N. Ogazi, upheld the FCCPC’s mandate to oversee fair practices across all industries, as enshrined in the Federal Competition and Consumer Protection Act (FCCPA) of 2018.
The case was initiated by a shareholder of MTN Nigeria and legal practitioner, Emeka Nnubia, who sought to prevent the FCCPC from investigating the telecommunications giant.
In the suit, Nnubia contended that such an inquiry could breach data protection laws and argued that regulatory oversight of MTN should fall exclusively under the Nigerian Communications Commission (NCC).
Reacting, the FCCPC stated that the court’s judgment clarified the interplay between the Nigerian Communications Act (NCA) of 2003 and the FCCPA 2018.
It emphasised that while the NCA granted the NCC jurisdiction over competition matters within telecommunications, the FCCPA established the FCCPC as the primary authority on competition and consumer protection across all sectors.
The commission said the court ruled that the NCC and the FCCPC shared concurrent jurisdiction in regulating the telecommunications industry.
“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.
“Furthermore, the court held that entering into a memorandum of understanding (MoU) with sector regulators was 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 statement read.
The statement further noted that the court validated the FCCPC’s actions in issuing a summons to MTN Nigeria as part of its investigation, affirming that the commission acted within its legal powers.
It also dismissed concerns regarding potential violations of data protection laws, noting that the FCCPC’s requests did not involve personal data and were justified in the public interest.
“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,” the statement added.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: umustapha@icirnigeria.com. He tweets @UsmanMustapha_M