Transparency and Integrity

2/10/2025

FCCPC Hails Landmark Court Judgement Affirming Regulatory Authority In Telecoms

 



FCCPC Wins Court Battle Over Regulatory Authority In Telecoms, Hails Judgement. 


The Federal Competition and Consumer Protection Commission (FCCPC) has secured a significant victory in its bid to regulate competition and consumer protection in Nigeria's telecommunications sector. A Federal High Court ruling has reaffirmed the Commission's authority to oversee all sectors, including telecoms 


The court case was initiated by Emeka Nnubia, a shareholder of MTN Nigeria and a legal practitioner, who sought to halt the FCCPC's investigation into MTN's business practices. However, the court ruled that the FCCPC acted within its statutory powers in issuing a summons to MTN Nigeria as part of its ongoing inquiry into potential anti-competitive practices.


The ruling clarified that the FCCPC is the primary regulatory authority on competition and consumer protection across all sectors, including telecommunications. This is in line with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.


The court also 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 Nigerian Communications Act (NCA) 2003.


This development is a significant win for the FCCPC, which has been investigating MTN Nigeria over persistent complaints of undelivered data services, unexplained data depletion, and inadequate customer care. The Commission's Director, Corporate Affairs, Mr. Ondaje Ijagwu, welcomed the ruling, stating that it reinforced the Commission's mandate to protect consumers and prevent anti-competitive practices.

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