The Federal High Court in Lagos has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) lacks the authority to issue licences, but retains oversight powers over airtime and data credit services.
Delivering judgment in Suit No. FHC/L/CS/760/2026, Justice Ambrose Lewis-Allagoa clarified that the FCCPC’s powers operate alongside those of the Nigerian Communications Commission (NCC), rather than replacing them.
The court upheld the validity of the DEON Consumer Lending Regulations 2025, affirming they fall within the FCCPC’s statutory and constitutional mandate. Justice Lewis-Allagoa emphasized that “concurrency means coexistence, not displacement,” underscoring the complementary relationship between the FCCPC and sector-specific regulators.
While confirming the FCCPC’s precedence in matters of competition and consumer protection under the FCCPA 2018, the court reaffirmed the NCC’s exclusive authority over technical, licensing, and prudential duties as defined by the Nigerian Communications Act 2003.
The ruling noted that the FCCPC cannot establish a telecommunications licensing framework, leaving the NCC as the sole body empowered to license operators in the sector.
This judicial clarification comes after the FCCPC authorized five companies in April 2026 to operate airtime and data credit services under the DEON framework—a move now questioned in light of the court’s decision.
Industry stakeholders welcomed the ruling. Gbenga Adebayo, Chairman of the Association of Licensed Telecommunications Operators of Nigeria, praised the judgment for providing clarity:
“The court has confirmed the FCCPC’s authority and, at the same time, preserved the NCC’s role. Concurrency means coexistence. The industry now expects both regulators to establish the coordination framework that the court’s reasoning requires.”
Adebayo urged both regulators to consult with industry players before enforcement actions, noting that airtime credit services used daily by about 40 million Nigerians in a market valued at ₦300–₦400 billion annually were suspended for three months earlier this year due to regulatory disputes.
The judgment is expected to set a precedent for how the FCCPC and sector-specific regulators share oversight as digital products increasingly cross traditional regulatory boundaries.
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