A Federal High Court in Lagos has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) has no authority to issue licences to operators in the telecommunications sector, affirming that the responsibility rests exclusively with the Nigerian Communications Commission (NCC).
Delivering judgment in Suit No. FHC/L/CS/760/2026, Justice Ambrose Lewis-Allagoa held that while the FCCPC has statutory powers to oversee competition and consumer protection, including airtime and data credit services, those powers do not extend to licensing telecommunications operators.
The court stated that the FCCPC’s authority under the Federal Competition and Consumer Protection Act (FCCPA) 2018 complements, rather than replaces, the regulatory functions of sector-specific agencies such as the NCC.
According to the judge, the relationship between both agencies is one of coexistence, stressing that “concurrency means coexistence, not displacement.”
Justice Lewis-Allagoa also ruled that the Digital Economy and Online Network (DEON) Consumer Lending Regulations 2025 fall within the FCCPC’s statutory and constitutional mandate, but clarified that the regulations do not create a telecommunications licensing framework.
The judgment reaffirmed that the NCC remains solely responsible for technical regulation, licensing and prudential oversight under the Nigerian Communications Act 2003.
The ruling follows the FCCPC’s approval of five companies in April 2026 to operate airtime and data credit services under the DEON framework, a move that has now drawn renewed scrutiny over its regulatory basis.
The court’s decision provides the first judicial clarification on the respective roles of the FCCPC and NCC in regulating airtime and data credit services, a market estimated to be worth between ₦300 billion and ₦400 billion annually and used daily by about 40 million Nigerians.
Reacting to the judgment, the Chairman of the Association of Licensed Telecommunications Operators of Nigeria (ALTON), Gbenga Adebayo, welcomed the ruling, describing it as an important clarification of the responsibilities of both regulatory agencies.
He said the judgment confirmed the FCCPC’s role in consumer protection while preserving the NCC’s authority over telecommunications licensing and technical regulation.
Adebayo urged both regulators to establish a formal coordination framework and engage industry stakeholders before implementing enforcement actions.
He noted that airtime credit services were suspended for three months earlier this year following regulatory enforcement before being restored, stressing that millions of Nigerians depend on the services.
He also reminded both agencies of the Presidential Enabling Business Environment Council directive issued on April 6, 2026, which requires federal agencies to conduct a Regulatory Impact Assessment before introducing major regulatory changes.
The judgment is expected to serve as a key legal precedent for defining how the FCCPC and sector-specific regulators collaborate as digital financial and telecommunications services continue to evolve across regulatory boundaries.
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