February 10, (THEWILL) – The Federal High Court, Lagos, has affirmed 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 was delivered by Justice F. N. Ogazi following a case filed by Emeka Nnubia, a shareholder of MTN and a legal practitioner, who sought to halt the FCCPC’s investigation into MTN Nigeria.
Representing himself, Nnubia argued that the FCCPC’s inquiry could violate data protection laws and that regulatory authority over MTN resided with the Nigerian Communications Commission (NCC), rather than the FCCPC.
Ruling on Friday, the court held that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the Nigerian Communications Commission (NCC), jurisdiction over competition matters within the telecom industry, must be read alongside Section 104 of the FCCPA 2018, which establishes FCCPC as the primary regulatory authority on competition and consumer protection across all sectors.
It held that the FCCPA, being the later legislation, supersedes conflicting provisions of the NCA 2003 to the extent that they seek to exclude the FCCPC’s oversight in the telecommunications industry.
While the court held that the NCC does not have exclusive competition regulation authority in telecommunications, it, however, affirmed that both the NCC and the FCCPC share concurrent jurisdiction, ensuring a coordinated approach to fair competition and consumer welfare in the telecom industry.
According to Justice Ogazi, “Entering into a Memorandum of Understanding (MoU) with sector regulators is not a condition precedent for FCCPC’s enforcement of its statutory functions. Instead, sector regulators should engage with FCCPC to define working arrangements, not the other way round”.
The court held that FCCPC acted within its statutory powers in issuing Summons to MTN Nigeria as part of an ongoing inquiry into potential anti-competitive practices. The Summons and Request to Produce were found to be lawful and within the scope of FCCPC’s investigative powers.
In addition, the court held that the FCCPC’s request for information from MTN did not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003. No personal data was requested, and MTN’s obligation to disclose information in the public interest is a legitimate basis for compliance with FCCPC’s inquiry.
Rejecting attempts to restrain FCCPC authority from exercising its statutory functions, Justice Ogazi held that preventing a regulator from discharging its duties violates the doctrine of separation of powers enshrined in the Constitution.
On the issue of cost, the court acknowledged that the case raised important questions regarding the evolving landscape of competition and consumer protection law in Nigeria. While the court recognised that costs ordinarily follow events, it declined to award costs due to the public interest significance of the case.
Welcoming the ruling in a statement issued on Sunday by its Director, Corporate Affairs, Ondaje Ijagwu, the FCCPC said the judgment reinforces its mandate as the primary authority responsible for preventing anti-competitive practices and protecting consumers in Nigeria, in line with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
“The ruling reaffirms that FCCPC’s jurisdiction remains paramount in competition and consumer protection matters, while also recognising the role of the NCC in regulating telecommunications operations.
“Section 105 of the FCCPA 2018 provides for collaboration between FCCPC and sector regulators, including the NCC. This approach aligns with global best practices, where consumer protection regulators collaborate with industry-specific regulators”, it added.
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