NewStats: 3,264,364 , 8,183,469 topics. Date: Tuesday, 10 June 2025 at 06:26 PM 31b5o

Sunday, February 9, 2025: The Federal Competition and Consumer Protection Commission (FCC) welcomes the ruling of the Federal High Court in Lagos on Friday, February 7, 2025, which affirms its statutory authority to regulate competition and consumer protection across all sectors, including telecommunications. The judgment reinforces the FCC’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 (FCA) 2018.

The case, heard before Justice F.N. Ogazi, was instituted by Emeka Nnubia, a shareholder of MTN and a legal practitioner, who sought to halt the FCC’s investigation into MTN Nigeria. [/b]Representing himself, [b]Nnubia argued that the FCC’s inquiry could violate data protection laws and that regulatory authority over MTN resided with the Nigerian Communications Commission (NCC) rather than the FCC.

The ruling clarifies that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the Nigerian Communications Commission (NCC) jurisdiction over competition matters within the telecom industry, must be read alongside Section 104 of the FCA 2018, which establishes FCC as the primary regulatory authority on competition and consumer protection across all sectors.

It held that the FCA, being the later legislation, supersedes conflicting provisions of the NCA 2003 to the extent that they seek to exclude FCC’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 FCA 2018 provides for collaboration between FCC 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 FCC’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 FCC’s enforcement of its statutory functions. Instead, it is the obligation of sector regulators to engage with FCC to define working arrangements, not the other way round.

The ruling also confirms that FCC 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 FCC’s investigative powers.

In addition, the court held that the FCC’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 FCC’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...

https://x.com/fccnigeria/status/1888638944025194718

In the FCC is just hustling for its own share

Ok

Base on this, Meta/Facebook will also lose the case against the FCC. FCC will floor Meta

The FCC will also likely be allowed to the suit between Dangote and fuel importers.

More fines

🥱

What

It's time we chase MTN out of Nigeria

Okay, noted.

iwaeda:



https://x.com/fccnigeria/status/1888638944025194718

This ruling is a big win for Nigerian consumers. It makes it clear that the FCC has the power to regulate fair competition and protect consumer rights, even in the telecom sector. It also means MTN and other companies must comply with investigations into anti-competitive practices. No more hiding behind loopholes—regulators can now work together to ensure fairness in the market!

This ruling is a big win for Nigerian consumers...! It clarifies that the FCC has the authority to oversee fair competition and protect consumers, even in the telecom sector.

Having both the FCC and NCC work together should create a more balanced regulatory environment. Hopefully, this leads to better services and fairer practices for everyone.

Okay , what next

cenaman:
It's time we chase MTN out of Nigeria

Why? What have they done to deserve that from us?

Is it because they are the market leader? They have rightfully worked hard to deserve their position and profits.

Good one, everyone knows NCC has been useless for the past 24 years, FCCC needs to thread softly as MTN is on the only real telecoms service provider in the country the others are on life and practically useless. They should not chase MTN out of Nigeria.

MTN a private multinational company challenging a Federal Regulatory institution...

What a corn3

Nahunger:


MTN a private multinational company challenging a Federal Regulatory institution...

What a corn3

Shareholders want to cash out but it backfired.

We moved @

Welcome Development

That's how this FCC over did things and nearly drove British American Tobacco out of Nigeria. They placed a heavy fine on them, which led to them Seriously downsizing their operations in Nigeria, and later moved their Lagos office to South Africa. Who's loss?

Now you want to regulate the telecom industry too, so the telecom industry should have two regulators. How do you expect investors to react to this kind of news. 😂

This is a good judgment. However, FCC must ensure they don't abuse their powers or give in to hubris.They should also do something about the very poor quality of services offered by many government owned institutions including government owned hospitals.MTN is far from perfect but it is still the best telecoms company in Nigeria.

cenaman:
It's time we chase MTN out of Nigeria

YOU BE MUMU

FCC are u professional to use the words "floor". What an absurd organisation. They will definitely fuckup things with this attitude.

Na that Gotv remain. You go subscribe finish, them go start dey remove your channels as they like