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By Kate Diakpomere
The Federal High Court, Lagos, has affirmed the Federal Competition and Consumer Protection Commission’s (FCCPC) powers to regulate competition and consumer protection in the telecommunications sector, while ruling that the licensing of telecom operators remains the exclusive responsibility of the Nigerian Communications Commission (NCC).
The decision was delivered by Justice Allagoa in Suit No. FHC/L/CS/760/2026, filed by the Wireless Application Service Providers Association of Nigeria Ltd/Gte (WASPAN) challenging the validity of the Direct Emergency Operator Notification (DEON) Regulations.
WASPAN had urged the court to declare the regulations null and void, arguing that the FCCPC lacked the statutory powers to regulate the communications sector under the Nigerian Communications Act.
The association contended that the DEON regulations were ultra vires the powers of the Commission and should therefore be set aside.
Before the substantive hearing, the FCCPC raised a preliminary objection, arguing that the suit was incompetent because WASPAN failed to comply with the statutory pre-action notice requirement. The Commission also contended that the suit disclosed no reasonable cause of action.
However, Justice Allagoa dismissed the preliminary objection, holding that the suit disclosed a reasonable cause of action and that the plaintiff had indeed served a pre-action notice on the Commission.
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The judge further held that the plaintiff acted under a genuine apprehension and that, since the matter involved the interpretation of legislation rather than a claim for damages, any alleged non-compliance with the pre-action notice requirement did not deprive the court of jurisdiction.
On the substantive issues, the court held that Sections 104, 105, 106 and 163 of the Federal Competition and Consumer Protection Act empower the FCCPC to investigate anti-competitive conduct, protect consumers and make regulations in line with its statutory mandate.
Justice Allagoa also ruled that there was no conflict between the Federal Competition and Consumer Protection Act and the Nigerian Communications Act, noting that both laws serve different but complementary purposes.
According to the court, while the FCCPC is vested with powers relating to competition and consumer protection, the NCC remains the statutory regulator with the exclusive responsibility for licensing companies operating in the telecommunications sector.
The judge held that the FCCPC lacks the powers to issue telecommunications licences and that nothing contained in the DEON regulations creates or amounts to a telecommunications licensing regime.
Consequently, the court dismissed WASPAN’s suit and upheld the DEON regulations, holding that they were not made outside the powers of the FCCPC.
The ruling provides judicial clarity on the distinct responsibilities of the FCCPC and the NCC in the telecommunications industry by affirming the FCCPC’s consumer protection mandate, while preserving the NCC’s exclusive authority over telecom licensing.
