The Federal Competition and Consumer Protection Commission (FCCPC) has secured a landmark victory as the Federal High Court in Lagos affirmed its regulatory authority over competition and consumer protection in the telecommunications sector.
In a ruling delivered on February 7, 2025, Justice F.N. Ogazi dismissed an attempt by Emeka Nnubia, a shareholder of MTN Nigeria, to halt the FCCPC’s investigation into the telecom giant. Nnubia had argued that only the Nigerian Communications Commission (NCC) had jurisdiction over MTN and that the FCCPC’s inquiry could breach data protection laws.
However, the court ruled that the FCCPA 2018, being a more recent law, takes precedence over the NCA 2003 and grants the FCCPC primary authority on competition and consumer protection matters across all sectors, including telecommunications. It also held that the FCCPC’s request for information from MTN was lawful and did not violate data protection laws.
The decision underscores the FCCPC’s mandate to regulate fair competition and consumer rights across industries while recognising the NCC’s role in sector-specific oversight.
