FCCPC mandated to regulate telecom, court rules

Monday, February 10, 2025 - The Federal Competition and Consumer Protection Commission (FCCPC) has been affirmed by the court as having regulatory power over the telecom sector. The ruling, delivered on Friday by Justice F.N. Ogazi, solidifies the FCCPC’s role as the primary authority in preventing anti-competitive practices and protecting consumers under the Federal Competition and Consumer Protection Act (FCCPA) 2018.

“So, all these things you read on social media are for your entertainment,” said FCCPC Chief Executive Officer, Mr. Tunji Bello, at the weekend. “Even on mergers and acquisitions now, if there is going to be one, the FCCPC has to approve it.”

The judgment was in response to a case brought by Emeka Nnubia, a lawyer and MTN shareholder, seeking to halt the FCCPC’s investigation into MTN Nigeria. Nnubia argued that the inquiry could breach data protection laws and claimed that regulatory authority over MTN rested solely with the Nigerian Communications Commission (NCC).

However, the court ruled that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition matters in the telecom industry, must be read alongside Section 104 of the FCCPA 2018. The latter establishes the FCCPC as the primary authority on competition and consumer protection across all sectors. The FCCPA, being the more recent legislation, supersedes conflicting provisions of the NCA 2003 where they exclude FCCPC’s oversight in telecommunications.

The court clarified that while the NCC retains regulatory authority in telecom operations, competition and consumer protection matters fall under the FCCPC’s jurisdiction. Section 105 of the FCCPA 2018 provides for collaboration between FCCPC and sector regulators, including the NCC, aligning with global best practices of joint regulatory efforts.

The court further held that entering into a Memorandum of Understanding (MoU) with sector regulators is not a prerequisite for FCCPC’s enforcement of its statutory functions. Sector regulators must work with FCCPC to establish operational frameworks. The FCCPC’s actions, including issuing a summons to MTN Nigeria as part of its anti-competitive practices investigation, were deemed lawful.

Additionally, the court found that the FCCPC’s request for information from MTN did not violate data protection laws, including the

Nigeria Data Protection Act 2023 and the NCA 2003. It noted that no personal data was requested and emphasized MTN’s obligation to disclose information in the public interest.

The ruling also rejected any attempt to restrain the FCCPC from exercising its statutory functions, stating that such efforts violate the constitutional doctrine of separation of powers. On the issue of costs, the court declined to award them, citing the public interest significance of the case.

The plaintiff, Nnubia, represented himself, while FCCPC was represented by Mr. Abimbola Ojenike and Ms. Oluwadamilola Omotosho. MTN Nigeria was represented by Mr. Chinonso Ekuma, but there was no representation for the first defendant, the Minister of Industry, Trade and Investment.

In addition to the ruling, FCCPC CEO Bello commented on other regulatory achievements, such as collaborating with the NCC to limit telecom price hikes and stopping power companies from charging customers for new meters. He urged Nigerians to report unresolved consumer issues, assuring that the FCCPC would step in where necessary.