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Nigerian Court Confirms Consumer Protection Commission’s Authority Over Telecom Sector

By  |  February 10, 2025
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The Federal Competition and Consumer Protection Commission (FCCPC) has expressed satisfaction with a recent Federal High Court ruling that upholds its authority to oversee competition and consumer protection across all sectors, including telecommunications.

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    According to a statement issued by the FCCPC’s Director of Corporate Communications, Ondaje Ijagwu, the ruling, delivered on February 7, 2025, by Justice F.N. Ogazi in Lagos, reinforces the Commission’s role as the primary regulatory body responsible for preventing anti-competitive practices and safeguarding consumer rights in Nigeria. The decision aligns with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018, per the statement.

    The case was brought before the court by Emeka Nnubia, a legal practitioner and shareholder of MTN, who sought to halt the FCCPC’s investigation into the telecom company. Representing himself, Nnubia contended that the FCCPC’s probe could potentially breach data protection laws and argued that the Nigerian Communications Commission (NCC) held exclusive regulatory authority over MTN.

    However, the court clarified that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition matters within the telecom sector, must be interpreted alongside Section 104 of the FCCPA 2018. The ruling emphasized that the FCCPA, being a more recent law, takes precedence over conflicting provisions in the NCA 2003, particularly where they seek to limit FCCPC’s oversight in telecommunications.

    The decision effectively establishes that the NCC does not have exclusive jurisdiction over competition regulation in the telecom industry. Instead, the ruling underscores that both the FCCPC and NCC share concurrent authority, allowing for a coordinated approach to maintaining fair competition and protecting consumer interests within the sector.

    Furthermore, Section 105 of the FCCPA 2018 outlines provisions for collaboration between the FCCPC and industry regulators, including the NCC. According to the FCCPC’s statement, this approach aligns with international regulatory best practices, ensuring consumer protection bodies work in tandem with sector-specific regulators.

    Source: RadioLagos