By Our Reporter
ABUJA (PRECISE POST) – The Federal High Court in Lagos has affirmed the Federal Competition and Consumer Protection Commission’s (FCCPC) regulatory authority over the telecommunications sector in a landmark ruling on Friday, February 7, 2025.
The court’s decision strengthens the FCCPC’s mandate to regulate competition and consumer protection in all sectors, including telecom, under the Federal Competition and Consumer Protection Act (FCCPA) of 2018, the statement released from the official X account of the FCCPA on Sunday said.
The case arose from a challenge filed by Emeka Nnubia, a shareholder of MTN Nigeria, who sought to block the FCCPC’s investigation into the company. Nnubia, representing himself, argued that the inquiry could breach data protection laws and that the Nigerian Communications Commission (NCC) should have sole jurisdiction over MTN’s regulation. However, the court ruled in favor of the FCCPC, clarifying that both the FCCPC and NCC share concurrent jurisdiction in telecom industry competition matters.
Justice F.N. Ogazi, who presided over the case, noted that Section 90 of the Nigerian Communications Act (NCA) 2003, granting the NCC authority in telecom competition, must be read alongside Section 104 of the FCCPA 2018, which positions the FCCPC as the primary authority on competition and consumer protection across all sectors. The judgment further establishes that the FCCPA, as the later legislation, overrides any conflicting provisions in the NCA 2003.
The ruling emphasized that FCCPC’s jurisdiction is paramount in addressing anti-competitive practices, while the NCC retains its role in regulating telecommunications operations. Section 105 of the FCCPA encourages cooperation between FCCPC and industry regulators, including the NCC, to ensure a coordinated approach to fair competition and consumer welfare.
Additionally, the court clarified that sector regulators are required to engage with the FCCPC to define working arrangements, rather than the FCCPC needing a Memorandum of Understanding (MoU) for enforcement. The court also validated the FCCPC’s Summons and request for information from MTN, ruling that it was lawful and did not violate any data protection laws, as no personal data was involved.
In its final ruling, the court rejected attempts to prevent the FCCPC from exercising its statutory functions, asserting that such a move would violate the separation of powers outlined in the Constitution. While the court declined to award costs due to the case’s significant public interest, it commended the strong legal arguments presented and reaffirmed the importance of regulatory oversight in the evolving field of competition and consumer protection law in Nigeria.

