LAGOS – The legal dispute between the FCCPC and MTN Nigeria has been resolved with a landmark judgment by Justice F.N. Ogazi at the Federal High Court in Lagos. The ruling confirms the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to oversee competition and consumer protection within Nigeria’s dynamic telecommunications sector. This decision not only provides clarity on the regulatory framework but also carries far-reaching consequences for the industry.
The legal challenge was initiated by Emeka Nnubia, a legal practitioner and MTN investor. Nnubia attempted to block the FCCPC from probing MTN Nigeria, arguing that the only regulatory body with jurisdiction over the telecom industry was the Nigerian Communications Commission (NCC). He also raised concerns that the FCCPC’s inquiries could potentially violate data privacy regulations.
The primary regulatory body for competition and consumer protection across all sectors, including telecommunications, is the FCCPC, as explicitly established by the Federal Competition and Consumer Protection Act (FCCPA) 2018. Justice Ogazi’s ruling thoroughly addressed the legal contentions, clarifying the relationship between Section 90 of the Nigerian Communications Act (NCA) 2003—which grants the NCC authority over competition matters in telecommunications—and Section 104 of the FCCPA. The court determined that the FCCPA, being the more recent legislation, takes precedence over any conflicting provisions in the NCA 2003, ultimately granting the FCCPC the final authority on competition issues within the telecom industry.
This decision effectively ends any ambiguity regarding regulatory oversight in the sector. It means the NCC and FCCPC must collaborate, with the FCCPC holding ultimate authority in competition and consumer-related issues. The court strongly affirmed the FCCPC’s authority to examine MTN over alleged anti-competitive conduct, ruling that the commission operated within its legal mandate when it issued a summons to MTN Nigeria. The court determined that the information request and summons were valid and fell under the FCCPC’s legal mandate to conduct inquiries.
Furthermore, Justice Ogazi pay no heed to Nnubia’s concerns about lack of compliance with data confidentiality. The court held that the FCCPC’s requests for information from MTN did not violate any data confidentiality laws, including the Nigeria Data Protection Act 2023 and the NCA 2003. The court explained that no sensitive information was sought, and that MTN’s duty to provide information in the public interest provided a valid foundation for cooperating with the FCCPC’s inquiry.
The judgment also addressed the operational relationship between the FCCPC and other sector-specific regulators. The court clarified that the FCCPC is not obligated to establish a Memorandum of Understanding (MoU) with sector regulators prior to carrying out its statutory duties. The responsibility lies with sector regulators to engage with the FCCPC and set up operational protocols.
The court’s decision further emphasized the importance of regulatory independence, dismissing any efforts to hinder the FCCPC from fulfilling its prescribed responsibilities. The judgment stated that preventing a regulator from performing its duties infringes upon the doctrine of separation of powers established in the Constitution.
Although recognizing the case’s public interest significance, the court decided not to award costs. MTN Nigeria was represented by Mr. Chinonso Ekuma, while Mr. Abimbola Ojenike and Ms. Oluwadamilola Omotosho appeared on behalf of the FCCPC. Emeka Nnubia represented himself in the case. Significantly, the first defendant, the Minister of Industry, Trade, and Investment, lacked legal representation.
Setting a precedent for future regulatory actions and inter-agency cooperation, this ruling grants the FCCPC strong judicial support to maintain its regulatory authority within the telecommunications industry.
