Court Affirms FCCPC Regulatory Authority In Telecom Sector

Oluwakemi Kindness

The Federal High Court in Lagos has ruled in favour of the Federal Competition and Consumer Protection Commission in a legal dispute involving MTN Nigeria, affirming the commission’s regulatory authority over competition and consumer protection in the telecommunications sector.

This is according to a statement by the Director of Corporate Affairs at FCCPC, Ondaje Ijagwu, who described the ruling as a significant affirmation of the commission’s statutory mandate.

The case, presided over by Justice F.N. Ogazi, was filed by Emeka Nnubia, a shareholder of MTN and a legal practitioner.

Nnubia had sought to prevent the FCCPC from investigating MTN Nigeria, arguing that the Nigerian Communications Commission is the sole regulator of the telecom sector.

He also contended that FCCPC’s inquiry could violate data protection laws.

However, the court ruled that Section 90 of the Nigerian Communications Act 2003, which grants the NCC jurisdiction over competition matters in telecommunications, must be read alongside Section 104 of the Federal Competition and Consumer Protection Act 2018.

It stated that the latter law establishes the FCCPC as the “primary regulatory authority on competition and consumer protection across all sectors,” including telecommunications.

The court further held that the FCCPA, being a later legislation, “supersedes conflicting provisions of the NCA 2003 to the extent that they seek to exclude FCCPC’s oversight in the telecommunications industry.”

This effectively means that the NCC does not have exclusive control over competition regulation in telecoms, and both regulators must share jurisdiction.

In its ruling, the court upheld FCCPC’s right to investigate MTN for potential anti-competitive practices.

It stated that “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.”