In a major boost to its regulatory authority, the Federal High Court in Lagos, on February 7, affirmed the statutory mandate of the Federal Competition and Consumer Protection Commission (FCCPC) to regulate competition and consumer protection across all sectors of the economy, including telecommunications.
The judgment consolidated the commission’s mandate as the primary authority responsible for preventing anti-competition practices and protecting consumers in the country, in line with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
The case brought 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 FCCPC.
The ruling, however, clarified that Section 90 of the Nigerian Communications Act (NCA) 2003, which granted NCC jurisdiction over competition matters within the telecom industry, must be read alongside Section 104 of the FCCPA 2018, which established FCCPC as the primary regulatory authority on competition and consumer protection across all sectors.
