The Federal High Court in Lagos upheld the Federal Competition and Consumer Protection Commission’s (FCCPC) jurisdiction to oversee industry titans like MTN Nigeria and regulate competition and consumer protection in Nigeria’s telecommunications sector in a historic ruling on February 7, 2025.
Emeka Nnubia, an attorney and MTN shareholder, started the legal action. Nnubia argued that the Nigerian Communications Commission (NCC) was the only body with the authority to conduct such regulatory oversight and attempted to stop the FCCPC’s investigation into MTN Nigeria.
He added that the FCCPC’s investigation might be in violation of data protection regulations.
Justice F.N. Ogazi, who presided over the case, explained how the Federal Competition and Consumer Protection Act (FCCPA) 2018 and the Nigerian Communications Act (NCA) 2003 interact.
The court marked that although the NCA gives the NCC jurisdiction over competition issues in the telecom sector, the FCCPA, which was passed later, makes the FCCPC the main regulatory body for consumer protection and competition in all industries, including telecommunications.
Therefore, to the extent that the NCA’s conflicting provisions aim to exclude the FCCPC’s control in the telecommunications sector, the FCCPA takes precedence.
The court maintained the FCCPC’s statutory authority to summon MTN Nigeria as part of its continuing investigation into possible anti-competitive behaviour.
The summons and information demands made by the FCCPC were found to be legal and within the purview of its investigative powers.
The court also rejected worries about data protection issues, pointing out that since no personal information was requested, the FCCPC’s information requests did not violate any data protection regulations, such as the Nigeria Data Protection Act 2023 or the NCA 2003.
