The Federal Competition and Consumer Protection Commission (FCCPC) has welcomed the ruling of the Federal High Court affirming its statutory authority to regulate competition and consumer protection across all sectors, including telecommunications.
The Commission in a statement by its Director of Corporate Communications, Ondaje Ijagwu, said that the court ruling of February 7, 2025, in Lagos, reinforces the its 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.
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.
Representing himself, Nnubia argued that the FCCPC’s inquiry could violate data protection laws and that regulatory authority over MTN resided with the Nigerian Communications Commission (NCC) rather than the FCCPC.
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 competiti