The Federal High Court in Lagos has ruled in favor of the Federal Competition and Consumer Protection Commission (FCCPC) in a legal dispute involving MTN Nigeria, affirming the commission’s regulatory authority over competition and consumer protection in the telecommunications sector.
In a statement on Sunday, FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, described the ruling as a significant confirmation of the commission’s statutory mandate.
The case, presided over by Justice F.N. Ogazi, was brought by Emeka Nnubia, a shareholder of MTN and a legal practitioner. Nnubia sought to prevent the FCCPC from investigating MTN, arguing that the Nigerian Communications Commission (NCC) was the sole regulator of the telecom sector and that FCCPC’s inquiry could violate data protection laws.
However, the court ruled that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition matters in telecommunications, must be read alongside Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) 2018. It emphasized that the FCCPA establishes the FCCPC as the primary regulatory authority for competition and consumer protection across all sectors, including telecommunications.
The court further clarified that the FCCPA, as the more recent legislation, takes precedence over conflicting provisions in the NCA 2003, meaning the NCC does not have exclusive control over competition regulation in telecoms. As a result, both regulators must share jurisdiction.
Additionally, the court upheld the FCCPC’s authority to investigate MTN for potential anti-competitive practices, ruling that the commission’s summons and requests for information were lawful and within its investigative powers.
Concerns about data protection violations were dismissed, as the court held that the FCCPC’s information request did not breach any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003. It clarified that no personal data was requested, and MTN was required to disclose information in the public interest.
The ruling also emphasized that the FCCPC does not require a Memorandum of Understanding (MoU) with sector regulators before enforcing its mandate, stating that it is the responsibility of sector regulators to coordinate with the FCCPC.
Furthermore, the judgment reinforced the principle of regulatory independence, rejecting attempts to obstruct the FCCPC from executing its duties, stating that preventing a regulator from carrying out its functions would violate the constitutional doctrine of separation of powers.
Although the court acknowledged the public interest in the case, it declined to award legal costs, despite noting that “costs ordinarily follow events.”
The plaintiff, Emeka Nnubia, represented himself in the case, while FCCPC was represented by Abimbola Ojenike and Oluwadamilola Omotosho. Chinonso Ekuma appeared for MTN Nigeria. Notably, the Minister of Industry, Trade, and Investment, who was listed as the first defendant, had no legal representation.
With this ruling, the FCCPC has secured judicial backing to continue its regulatory oversight of competition and consumer protection within Nigeria’s telecommunications industry.
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