A court has affirmed that the Federal Competition and Consumer Protection Commission (FCCPC) has regulatory power over the telecom sector.
The ruling properly situates the role of the FCCPC, its Chief Executive Officer (CEO) Mr. Tunji Bello, said at the weekend.
In the judgment delivered on Friday, Justice F.N. Ogazi reinforced the FCCPC’s 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 case was instituted by Emeka Nnubia, a lawyer and shareholder of MTN, 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 NCC rather than the FCCPC.
The ruling clarifies that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the 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.
The court 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.
The court’s decision affirms that the NCC does not have exclusive competition regulation authority in telecommunications.
Instead, both regulators now share concurrent jurisdiction, ensuring a coordinated approach to fair competition and consumer welfare in the telecom industry.
