Court Affirms FCCPC’s Authority Over Competition and Consumer Protection Across All Sectors

FCCPC Applauds Court Ruling Affirming Its Authority Over Competition, Consumer Protection in All Sectors

The Federal Competition and Consumer Protection Commission (FCCPC) has welcomed the recent ruling by the Federal High Court affirming its authority to regulate competition and consumer protection across all sectors, including telecommunications.

The News Agency of Nigeria (NAN) reports that the case was initiated by Emeka Nnubia, a shareholder of MTN and a legal practitioner, who sought to halt the FCCPC’s investigation into MTN Nigeria.

In a statement issued on Sunday in Abuja, Mr. Ondaje Ijagwu, Director of Corporate Affairs at FCCPC, said the ruling reinforced the Commission’s mandate as the primary authority responsible for preventing anti-competitive practices and protecting consumers in Nigeria.

Ijagwu noted that this mandate aligns with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.

Court Upholds FCCPC’s Jurisdiction

Nnubia had argued that the FCCPC’s inquiry into MTN could violate data protection laws and that regulatory oversight of MTN fell under the Nigerian Communications Commission (NCC), not the FCCPC.

However, the court ruled that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition matters in the telecommunications industry, must be interpreted alongside Section 104 of the FCCPA 2018.

The ruling clarified that FCCPC remains the primary regulatory authority for competition and consumer protection across all sectors, confirming that the Commission acted within its statutory powers in issuing a summons to MTN Nigeria as part of its investigation into potential anti-competitive practices.

Summons, Data Requests Deemed Lawful

The court also upheld the FCCPC’s summons and request for information from MTN, affirming that they were lawful and fell within the Commission’s investigative powers.

Furthermore, it ruled that FCCPC’s request for information did not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003.

Ijagwu emphasized that the ruling aligns with global best practices, where consumer protection regulators collaborate with industry-specific regulators to ensure fair market practices.

FCCPC’s Inquiry into Consumer Complaints

NAN recalls that in December 2024, the FCCPC launched a major inquiry into widespread consumer complaints against key players in the banking, telecommunications, and aviation sectors.

MTN Nigeria was specifically engaged over persistent complaints, including:

• Undelivered data services
• Unexplained data depletion
• Inadequate customer support

With the court’s ruling, the FCCPC has reaffirmed its authority to protect Nigerian consumers and regulate competition fairly across all industries.