By Stephen Simon
The Federal High Court in Lagos has clarified the regulatory responsibilities of the Federal Competition and Consumer Protection Commission (FCCPC) and the Nigerian Communications Commission (NCC), ruling that while the FCCPC has powers to regulate consumer protection issues relating to airtime and data credit services, it cannot issue operating licences to telecommunications companies.
Justice Ambrose Lewis-Allagoa held that the FCCPC’s authority under the Federal Competition and Consumer Protection Act exists alongside that of sector regulators and does not override the statutory functions of the NCC. The court stressed that both agencies have concurrent jurisdiction in areas relating to consumer protection, but the exclusive power to license telecom operators remains with the NCC.
The judgment followed a suit filed by the Wireless Application Service Providers Association of Nigeria (WASPAN), which challenged aspects of the FCCPC’s Digital Economy and Online Non-Bank Consumer Lending Regulations as they relate to airtime and data credit services. The association argued that the regulations encroached on the NCC’s statutory mandate.
Delivering judgment, the court explained that concurrent regulatory powers should be interpreted as cooperation rather than competition between government agencies. It held that while the FCCPC can protect consumers from unfair market practices, it cannot assume the licensing and technical regulatory functions specifically assigned to the NCC by law.
The decision has been welcomed by stakeholders in the telecommunications industry, who say it provides much-needed legal certainty over the respective roles of the two regulators. Industry operators believe the ruling will reduce regulatory conflicts and provide a clearer framework for the expanding digital lending and airtime credit market.
Analysts say the judgment is significant because it reinforces the principle that sector-specific regulators retain their statutory mandates while consumer protection agencies continue to safeguard users’ rights. They expect the ruling to shape future regulatory cooperation in Nigeria’s fast-growing digital economy.
