FCCPC wins court case on regulatory authority in telecom sector

From Fred Ezeh, Abuja

The Federal Competition and Consumer Protection Commission (FCCPC) has won the case instituted against it by telecommunications giant MTN regarding its regulatory authority in the telecommunications sector.

The case, heard before Justice F.N. Ogazi, was instituted by Emeka Nnubia, a shareholder of MTN and a legal practitioner, who sought to halt the FCCPC’s investigation into MTN Nigeria.

Ondaje Ijagwu, Director of Corporate Affairs at the FCCPC, in a statement on Sunday, indicated that the judgment, which was delivered on Friday in Lagos, reinforces the FCCPC’s mandate as the primary authority responsible for preventing anti-competitive practices and protecting consumers in Nigeria, in line with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.

He further noted that the ruling clarified 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 the FCCPC as the primary regulatory authority on competition and consumer protection across all sectors.

Ijagwu noted that the ruling held that the FCCPA, being the later legislation, supersedes conflicting provisions of the NCA 2003 to the extent that they seek to exclude the FCCPC’s oversight in the telecommunications industry.

He said: “Section 105 of the FCCPA 2018 provides for collaboration between the FCCPC and sector regulators, including the NCC. This approach aligns with global best practices, where consumer protection regulators collaborate with industry-specific regulators.

“The ruling reaffirms that the FCCPC’s jurisdiction remains paramount in competition and consumer protection matters while also recognising the role of the NCC in regulating telecommunications operations.

“The ruling also confirmed that the FCCPC acted within its statutory powers in issuing summons to MTN Nigeria as part of its ongoing inquiry into potential anti-competitive practices. The summons and request to produce were found to be lawful and within the scope of the FCCPC’s investigative powers.

“In addition, the court held that the FCCPC’s request for information from MTN did not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003. No personal data was requested, and MTN’s obligation to disclose information in the public interest is a legitimate basis for compliance with the FCCPC’s inquiry.”

He said the court commended the excellence of legal arguments presented in the matter and rejected any attempt to restrain a regulatory authority from exercising its statutory functions, adding that the ruling reaffirmed that preventing a regulator from discharging its duties violates the doctrine of separation of powers enshrined in the Constitution.