The Federal Competition and Consumer Protection Commission (FCCPC) has regulatory power over the telecom sector, the court has affirmed.
The ruling properly situates the role of the FCCPC, its Chief Executive Officer (CEO) Mr. Tunji Bello, said at the weekend.
In the judgment delivered on Friday, Justice F.N. Ogazi reinforced the FCCPC’s mandate as the primary authority responsible for preventing anti-competitive practices and protecting consumers in Nigeria in line with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
The case was instituted by Emeka Nnubia, a lawyer and shareholder of MTN, who sought to halt the FCCPC’s investigation into MTN Nigeria.
Representing himself, Nnubia argued that the FCCPC’s inquiry could violate data protection laws and that regulatory authority over MTN resided with the NCC rather than the FCCPC.
The ruling clarifies that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition matters within the telecom industry, must be read alongside Section 104 of the FCCPA 2018, which establishes FCCPC as the primary regulatory authority on competition and consumer protection across all sectors.
The court held that the FCCPA, being the later legislation, supersedes conflicting provisions of the NCA 2003 to the extent that they seek to exclude the FCCPC’s oversight in the telecommunications industry.
The court’s decision affirms that the NCC does not have exclusive competition regulation authority in telecommunications.
Instead, both regulators now share concurrent jurisdiction, ensuring a coordinated approach to fair competition and consumer welfare in the telecom industry.
Section 105 of the FCCPA 2018 provides for collaboration between the FCCPC and sector regulators, including the NCC.
This approach aligns with global best practices, where consumer protection regulators collaborate with industry-specific regulators.
The ruling reaffirms that FCCPC’s jurisdiction remains paramount in competition and consumer protection matters, while also recognising the role of the NCC in regulating telecommunications operations.
Furthermore, the court held that entering into a Memorandum of Understanding (MoU) with sector regulators is not a condition precedent for FCCPC’s enforcement of its statutory functions.
Instead, sector regulators must engage with FCCPC to define working arrangements.
The ruling confirms that 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 Summons and Request to Produce was found to be lawful and within the scope of FCCPC’s investigative powers.
In addition, the court 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 NCA 2003. No personal data was requested, and MTN’s obligation to disclose information in the public interest is a legitimate basis for compliance with FCCPC’s inquiry.
The court commended the excellence of legal arguments presented in the matter and rejected any attempt to restrain a regulatory authority from exercising its statutory functions.
The ruling reaffirmed that preventing a regulator from discharging its duties violates the doctrine of separation of powers enshrined in the Constitution.
On the issue of cost, the court acknowledged that the case raised important questions regarding the evolving landscape of competition and consumer protection law in Nigeria. While the court recognised that costs ordinarily follow events, it declined to award costs due to the public interest significance of the case.
The plaintiff, Mr. Nnubia, appeared in person. Mr. Abimbola Ojenike with Ms. Oluwadamilola Omotosho appeared for FCCPC, while Mr. Chinonso Ekuma appeared for the third defendant (MTN Nigeria).
There was no legal representation for the first defendant – the Minister of Industry, Trade and Investment.
FCCPC to approve mergers, acquisitions
Also at the weekend, the FCCPC said it is empowered to approve company mergers and acquisitions,.
“Even on mergers and acquisitions now, if there is going to be one, the FCCPC has to approve it,” Bello said on a Channels television programme at the weekend.
On the planned increase in telecom service prices, Bello said the FCCPC and the Nigerian Communications Commission (NCC) have worked together to limit price hikes to between 10 and 50 per cent.
“If customers have issues, they should report to us. We will first tell the NCC to handle it. If nothing changes, we will step in and make sure the problem is fixed,” he said.
The FCCPC boss said the agency stopped power companies from charging for new meters.
“People complained, and we called a meeting with the Nigerian Electricity Regulatory Commission (NERC).
“NERC then told all electricity distribution companies (DISCOs) and meter suppliers that no Nigerian should pay for a new meter,” he explained.
He added that if people are not getting the electricity they pay for, they should report to the FCCPC and will ensure the issue is resolved.
