Court upholds FCCPC’s authority over competition, consumer protection in telecoms

BY TEMITOPE ADEBAYO

The Federal High Court in Lagos has reaffirmed the statutory authority of the Federal Competition and Consumer Protection Commission (FCCPC) to regulate competition and consumer protection across all sectors, including telecommunications.

The ruling, delivered by Justice F.N. Ogazi, establishes that the FCCPC remains the primary regulator for competition and consumer protection, despite the Nigerian Communications Commission’s (NCC) oversight of the telecom sector.

The case was brought by Emeka Nnubia, a shareholder of MTN and legal practitioner, who sought to halt the FCCPC’s investigation into the telecom giant. Nnubia argued that the FCCPC’s inquiry could breach data protection laws and that the NCC had exclusive jurisdiction over MTN.

However, the court ruled that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition issues in telecoms, must be read alongside Section 104 of the FCCPA 2018. It held that the FCCPA, being the later legislation, takes precedence where conflicts arise, confirming that the FCCPC has concurrent jurisdiction with the NCC in regulating competition within the telecom sector.

The judgment underscores that the FCCPC does not require a Memorandum of Understanding (MoU) with sector regulators before exercising its statutory powers. Instead, it is the duty of industry regulators to collaborate with the FCCPC in ensuring fair competition and consumer protection.

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The court also upheld the FCCPC’s authority to issue a summons to MTN Nigeria as part of its inquiry into potential anti-competitive practices. It ruled that the commission’s request for information did not violate any data protection laws and was within the scope of its investigative powers.

The verdict reaffirms that no regulatory body can be restrained from performing its statutory functions, as doing so would violate the doctrine of separation of powers. While recognising the public interest significance of the case, the court declined to award costs.

The ruling strengthens the FCCPC’s role in promoting fair competition and safeguarding consumer interests, setting a precedent for regulatory oversight across all industries, including telecommunications.