Kehinde Fajobi
The Federal High Court in Lagos has affirmed the regulatory powers of the Federal Competition and Consumer Protection Commission (FCCPC) over competition and consumer protection matters in the telecommunications sector, ruling against a legal challenge involving MTN Nigeria.
In a statement on Sunday, the FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, described the judgment as a major validation of the commission’s statutory mandate.
The lawsuit was filed by Emeka Nnubia, a shareholder of MTN and legal practitioner, who argued that the Nigerian Communications Commission (NCC) had sole regulatory authority over telecoms and sought to prevent the FCCPC from investigating MTN.
He also claimed that the commission’s inquiry could violate data protection laws.
However, Justice F.N. Ogazi ruled that the FCCPC has the legal authority to oversee competition and consumer protection across all industries, including telecommunications.
The court held that while Section 90 of the Nigerian Communications Act (NCA) 2003 grants the NCC jurisdiction over competition issues in telecoms, this must be interpreted alongside Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
According to the court, the FCCPA, being a more recent law, “supersedes conflicting provisions of the NCA 2003 to the extent that they seek to exclude FCCPC’s oversight in the telecommunications industry.”
This means that competition regulation in the sector is not the exclusive domain of the NCC, and both regulators must share jurisdiction.
The ruling upheld the FCCPC’s authority to investigate MTN for possible anti-competitive practices, stating, “FCCPC acted within its statutory powers in issuing a Summons to MTN Nigeria as part of its ongoing inquiry.”
It also clarified that the commission’s request for information “did not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003.”
The court further noted that the FCCPC is not required to sign a Memorandum of Understanding (MoU) with sector regulators before carrying out its functions.
Instead, it ruled that “it is the obligation of sector regulators to engage with FCCPC to define working arrangements, not the other way round.”
Reinforcing the independence of regulatory agencies, the court warned against any attempt to hinder the FCCPC’s statutory mandate, stating that “preventing a regulator from discharging its duties violates the doctrine of separation of powers enshrined in the Constitution.”
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While recognising the case’s public interest, the court declined to award costs, even though it acknowledged that “costs ordinarily follow events.”
Nnubia represented himself in the suit, while FCCPC was represented by Abimbola Ojenike and Oluwadamilola Omotosho.
MTN’s legal counsel was Chinonso Ekuma, but there was no representation for the first defendant, the Minister of Industry, Trade, and Investment.
With this ruling, the FCCPC now has judicial backing to continue its regulatory oversight of the telecom industry.