Federal High Court in Lagos upholds injunction against FCCPC on lending rules, refusing request to vacate order in WASPAN suit
The Federal High Court sitting in Lagos has refused an application by the Federal Competition and Consumer Protection Commission seeking to vacate an interim injunction restraining enforcement of disputed provisions of the Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations 2025 against members of the Wireless Application Service Providers Association of Nigeria, on Tuesday, April 28, 2026.
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Justice A. Lewis-Allagoa had earlier granted the interim injunction on April 15, following an ex parte motion filed by WASPAN on April 14, effectively restraining the commission and its representatives from implementing the contested regulations pending further hearing.
At the resumed proceedings, the FCCPC urged the court to either proceed immediately with the matter or discharge the subsisting order.
The regulator argued that maintaining the injunction could hinder its statutory mandate.
WASPAN opposed the request, insisting that the commission had only recently served its preliminary objection and that it required adequate time to respond in line with due process.
The association further argued that lifting the restraining order would grant the regulator unchecked authority to enforce provisions whose legality remains under judicial scrutiny.
After listening to both parties, Justice Lewis-Allagoa declined the FCCPC’s application and ruled that the substantive suit and the commission’s preliminary objection would be heard together.
The court adjourned the case to May 15, 2026, while affirming that the interim injunction remains in full force.
The ruling preserves a critical safeguard for mobile value-added service providers offering airtime lending, data advances and related digital services, pending final determination of the suit.
WASPAN has maintained that although consumer protection is essential, certain provisions of the FCCPC regulations exceed the commission’s statutory powers and may conflict with the regulatory mandate of the Nigerian Communications Commission.
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The association also warned that the disputed rules could impose unlawful compliance burdens on licensed telecom-based service providers.
