FCCPC’s Authority Over Telecoms Affirmed in Landmark Court Ruling

The Federal Competition and Consumer Protection Commission (FCCPC) has secured a significant legal victory, with the Federal High Court in Lagos affirming its authority to regulate competition and consumer protection across all sectors, including telecommunications.

The ruling, delivered on Friday, February 7, 2025, comes as a significant boost to the FCCPC’s mandate, as the court confirmed the agency’s statutory powers to prevent anti-competitive practices and protect consumers in Nigeria, in accordance with the Federal Competition and Consumer Protection Act (FCCPA) of 2018.

The case was brought to the court by Emeka Nnubia, a shareholder of MTN Nigeria, who sought to block the FCCPC’s investigation into the telecommunications giant. Nnubia argued that the FCCPC’s probe could potentially violate data protection laws and contended that the Nigerian Communications Commission (NCC), not the FCCPC, should have regulatory authority over MTN.

However, the court ruled that the provisions of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition matters in telecommunications, must be read together with Section 104 of the FCCPA. The judgment clarified that while the NCC regulates telecom operations, the FCCPC holds concurrent jurisdiction in matters related to competition and consumer protection.

The court emphasized that the FCCPA, being the later legislation, takes precedence over conflicting provisions in the NCA, thus affirming FCCPC’s primary role in regulating competition and consumer protection, even in the telecoms industry. The court also highlighted the importance of collaboration between the FCCPC and sector regulators like the NCC, in line with global best practices.

Moreover, the court found that FCCPC’s summons and request for information from MTN were lawful, and the inquiry did not violate data protection laws. The court also rejected Nnubia’s attempts to block the investigation, reaffirming that regulatory authorities must be allowed to carry out their statutory functions without interference.

While the court acknowledged the public interest of the case, it declined to award legal costs due to the case’s broader implications for competition and consumer protection law in Nigeria.

This ruling marks a pivotal moment for the FCCPC, reinforcing its mandate and clarifying its authority to regulate competition and consumer protection in all sectors, including telecommunications.