Court backs FCCPC’s regulatory authority over MTN Nigeria

The Federal High Court in Lagos has ruled in favour of FCCPC, affirming its authority over competition and consumer protection in telecoms

[dropcap]T[/dropcap]he Federal High Court in Lagos has ruled in favour of the Federal Competition and Consumer Protection Commission (FCCPC) in a case involving MTN Nigeria, reinforcing the commission’s jurisdiction over competition and consumer protection in the telecommunications sector.

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The ruling, delivered by Justice F.N. Ogazi, dismissed claims that the Nigerian Communications Commission (NCC) held exclusive regulatory control over telecom-related competition matters.

Instead, the court stated that the Federal Competition and Consumer Protection Act (FCCPA) 2018 supersedes conflicting provisions in the Nigerian Communications Act (NCA) 2003, affirming FCCPC’s authority across all sectors, including telecommunications.

The case was initiated by Emeka Nnubia, a shareholder of MTN and a legal practitioner, who sought to prevent the FCCPC from investigating MTN Nigeria.

He argued that the commission’s inquiry could violate data protection laws and that the NCC was the sole regulator of the telecom sector.

However, the court upheld FCCPC’s right to investigate MTN for potential anti-competitive practices. It ruled that the commission acted within its statutory powers by issuing a summons to MTN Nigeria and requesting documents.

The judgment also clarified that FCCPC’s request for information did not breach any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003.

Significantly, the court rejected claims that FCCPC must sign a Memorandum of Understanding (MoU) with sector regulators before exercising its powers.

Instead, it ruled that sector regulators have the obligation to engage with FCCPC to define working arrangements, not vice versa.