FCCPC can exercise regulatory power over MTN, court rules

The Federal High Court in Lagos has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) retains jurisdiction over competition and consumer protection matters in the telecommunications sector, reinforcing its authority over industry giants such as MTN Nigeria.

The FCCPC made this known in a statement issued on Sunday by the commission’s director of corporate affairs, Ondaje Ijagwu.

According to the statement, the judgment, delivered on 7 February by Justice F.N. Ogazi affirmed that the FCCPC’s statutory authority under the Federal Competition and Consumer Protection Act (FCCPA) 2018 takes precedence over conflicting provisions of the Nigerian Communications Act (NCA) 2003, which grants the Nigerian Communications Commission (NCC) competition oversight in the telecoms sector.

The court ruled that while the NCC remains the sector regulator, it does not have exclusive authority over competition matters, which fall within the FCCPC’s broader national mandate.

“The ruling clarifies that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the Nigerian Communications Commission (NCC) jurisdiction over competition matters within the telecom industry, must be read alongside Section 104 of the FCCPA 2018, which establishes FCCPC as the primary regulatory authority on competition and consumer protection across all sectors.

“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,” the statement read.

Legal challenge

The case was initiated by Emeka Nnubia, a shareholder of MTN and a legal practitioner, who sought to halt the FCCPC’s ongoing investigation into the telecoms company.

Representing himself, Mr Nnubia argued that the probe could breach data protection laws and that regulatory oversight of MTN should rest solely with the NCC.

However, the court dismissed his claims, affirming that Section 104 of the FCCPA 2018 establishes the FCCPC as the primary authority for competition and consumer protection across all sectors, including telecommunications. The ruling clarifies that sector regulators such as the NCC must collaborate with the FCCPC rather than operate in isolation.

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Justice Ogazi stated that the FCCPC’s jurisdiction remains paramount, reinforcing the principle that later legislation supersedes earlier conflicting laws.

The court further held that the FCCPC does not require a Memorandum of Understanding (MoU) with sector regulators to enforce its statutory functions. Instead, it is incumbent on sector regulators to engage with the FCCPC to define collaborative arrangements, rather than the other way around.

FCCPC’s investigation

The ruling also upheld the FCCPC’s authority to issue summons to MTN Nigeria as part of its ongoing inquiry into potential anti-competitive practices.

The court determined that the summons and request to produce were lawful and within the scope of the FCCPC’s investigative powers.

It further clarified that the FCCPC’s request for information did not violate Nigeria’s Data Protection Act 2023 or the NCA 2003, as no personal data was sought, and MTN’s obligation to provide information in the public interest remains legally binding.