FCCPC Floors MTN As Court Upholds Its Regulatory Authority In Telecommunications Sector

The Federal Competition and Consumer Protection Commission (FCCPC) achieved a significant legal win against MTN Nigeria, as a Federal High Court ruling upheld the FCCPC’s jurisdiction over consumer protection and competition in the telecommunications industry. The court, led by Justice F.N. Ogazi, dismissed a challenge filed by MTN shareholder Emeka Nnubia, affirming that the FCCPC holds concurrent authority with the Nigerian Communications Commission (NCC) in regulating the sector. The court’s decision, handed down on February 7, 2025, bolsters the FCCPC’s role in overseeing fair competition and consumer rights within Nigeria’s telecom industry.

MTN Nigeria attempted to block an FCCPC investigation into its business practices, with shareholder Emeka Nnubia arguing that only the NCC had the regulatory power to oversee competition in the telecom sector. Nnubia’s case contended that the FCCPC’s investigation could violate data protection laws. However, the court ruled that while the NCC is empowered under the Nigerian Communications Act (NCA) 2003, the FCCPC’s broader powers, outlined in the Federal Competition and Consumer Protection Act (FCCPA) 2018, supersede any conflicting provisions in the NCA.

The court’s judgment clarified that the NCC and FCCPC share concurrent regulatory authority in the telecommunications sector. Rather than granting exclusive jurisdiction to the NCC, the ruling emphasized a collaborative regulatory model that ensures both fair competition and consumer protection. This approach mirrors global best practices, where sector-specific regulators cooperate with consumer protection bodies for more comprehensive oversight and enforcement.

The Federal High Court confirmed that the FCCPC acted within its legal rights by issuing a summons to MTN Nigeria as part of its investigation into possible anti-competitive practices. The court found that the FCCPC’s actions did not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003, as no personal data was involved in the investigation. This ruling reinforces the commission’s ability to scrutinize the telecom sector for potential breaches of competition and consumer protection regulations.

This court decision represents a critical milestone in Nigeria’s regulatory framework, emphasizing the importance of upholding the FCCPC’s authority in preventing anti-competitive practices and safeguarding consumers. The ruling reinforces the separation of powers doctrine, preventing attempts to limit the FCCPC’s ability to carry out its statutory functions. With this legal victory, the FCCPC has reaffirmed its commitment to fostering a competitive market environment and protecting consumer rights in all sectors of the Nigerian economy.

Source: ARISE NEWS