FCCPC Wins a Landmark Case Against MTN, as Court Upholds Regulatory Power in Telecom Sector
By Raymond Enoch
The Federal Competition and Consumer Protection Commission (FCCPC) has secured a landmark victory as the Federal High Court in Lagos reaffirmed its authority to regulate competition and consumer protection across all sectors, including telecommunications.
FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, announced the ruling in a statement on Sunday, following the court’s decision on Friday, February 7, 2025.
The case, presided over by Justice F.N. Ogazi, was initiated by Emeka Nnubia, a shareholder of MTN and a legal practitioner, who sought to halt the FCCPC’s investigation into the telecom giant.
Representing himself, Nnubia argued that only the Nigerian Communications Commission (NCC) had the power to regulate MTN and that the FCCPC’s probe could breach data protection laws.
However, the court ruled that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition matters in the telecom industry, must be interpreted alongside Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
The ruling clarified that the FCCPC remains the primary authority on competition and consumer protection, reinforcing its oversight power over all sectors, including telecommunications.
The court held that the FCCPA, as the more recent legislation, takes precedence over any conflicting provisions of the NCA 2003 that attempt to limit the FCCPC’s jurisdiction. It further stated that both the FCCPC and the NCC have concurrent regulatory authority, ensuring a collaborative approach to fair competition and consumer welfare in the telecom industry.
Additionally, the ruling confirmed that the FCCPC lawfully exercised its statutory powers in summoning MTN Nigeria for an inquiry into possible anti-competitive practices. It dismissed claims of data protection violations, affirming that the Commission’s requests were within legal boundaries and in the public interest.
The court also clarified that while sector regulators like the NCC can collaborate with the FCCPC under Section 105 of the FCCPA 2018, such cooperation is not a prerequisite for the FCCPC to enforce its mandate. Rather, it is the responsibility of sector regulators to engage with the FCCPC to establish working arrangements.
In its judgment, the court rejected any attempt to restrict a regulator from executing its statutory duties, emphasizing that such limitations would undermine the constitutional principle of separation of powers.
While the court acknowledged the case’s significance in shaping Nigeria’s evolving competition and consumer protection landscape, it declined to award costs due to its public interest implications.
Legal representation in the case included Mr. Abimbola Ojenike and Ms. Oluwadamilola Omotosho for the FCCPC (2nd Defendant) and Mr. Chinonso Ekuma for MTN Nigeria (3rd Defendant). The Plaintiff, Mr. Emeka Nnubia, appeared in person, while there was no legal representation for the Honourable Minister of Industry, Trade, and Investment (1st Defendant).
