FCCPC Floors MTN As Court Upholds Its Regulatory Authority In Telecommunications Sector

The Federal Competition and Consumer Protection Commission (FCCPC) has secured a landmark legal victory after the Federal High Court in Lagos reaffirmed its authority to regulate competition and consumer protection across all sectors, including telecommunications. This was disclosed in a press release by Ondaje Ijagwu, FCCPC’s Director of Corporate Affairs on Sunday. 

The ruling, delivered by Justice F.N. Ogazi on Friday, February 7, 2025, dismissed an attempt to challenge the FCCPC’s jurisdiction over MTN Nigeria. The case was filed by Emeka Nnubia, a shareholder of MTN and legal practitioner, who sought to halt the FCCPC’s investigation into the telecommunications giant. Nnubia argued that the Nigerian Communications Commission (NCC) was the sole regulatory body for telecom operators and that the FCCPC’s inquiry could breach data protection laws. 

In its judgment, the court ruled that while Section 90 of the Nigerian Communications Act (NCA) 2003 grants the NCC jurisdiction over competition matters in the telecom industry, this must be interpreted alongside Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) 2018. The court affirmed that the FCCPA, as a more recent law, supersedes any conflicting provisions in the NCA 2003. 

The ruling establishes that the NCC does not have exclusive jurisdiction over competition regulation in telecommunications. Instead, the FCCPC and NCC share concurrent authority, allowing for a coordinated regulatory approach that prioritises fair competition and consumer protection. 

The court also reinforced Section 105 of the FCCPA 2018, which mandates collaboration between FCCPC and sector regulators, including the NCC. This decision aligns with global best practices, where consumer protection agencies work alongside industry-specific regulators to ensure comprehensive oversight. 

Additionally, the court held that entering into a Memorandum of Understanding (MoU) with sector regulators is 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 ruling further confirmed that the FCCPC acted within its statutory powers by issuing a Summons and Request to Produce to MTN Nigeria as part of its ongoing investigation into potential anti-competitive practices. The court found that these actions were lawful and did not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003, as no personal data was requested. 

This ruling is a significant milestone in Nigeria’s regulatory landscape, reinforcing the FCCPC’s mandate to prevent anti-competitive practices and protect consumers across all industries. It also prevents any attempt to limit a regulatory authority’s ability to perform its statutory functions, which the court deemed a violation of the doctrine of separation of powers. 

While the court acknowledged the public interest significance of the case, it declined to award costs, noting the broader legal implications of competition and consumer protection laws in Nigeria. 

Legal representation in the case included Mr. Abimbola Ojenike and Ms. Oluwadamilola Omotosho for the FCCPC, and Mr. Chinonso Ekuma for MTN Nigeria. The Honourable Minister of Industry, Trade, and Investment, a defendant in the case, was unrepresented. 

The FCCPC has welcomed the court’s decision, reaffirming its commitment to ensuring a competitive market and safeguarding consumer rights in Nigeria.

Melissa Enoch

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