Federal High Court in Lagos has declared that the Federal Competition and Consumer Protection Commission (FCCPC) has secured a landmark legal victory after the Federal High Court in Lagos reaffirmed its authority to regulate competition and consumer protection across all sectors, including telecommunications.
This was disclosed in a press release by Ondaje Ijagwu, FCCPC’s director of Corporate Affairs on Sunday.
Ijagwu, said Justice F.N. Ogazi gave the verdict in a case that was filed by Emeka Nnubia, a shareholder of MTN Nigeria and a legal practitioner.
In the suit, Nnubia wanted the court to stop the FCCPC from investigating MTN Nigeria on the ground that Nigerian Communications Commission was the sole regulator of the telecom sector.
But the judge maintained that the law gives the FCCPC the power to regulate on competition and consumer protection across all sectors, including telecommunications.
The court said that the NCC does not have exclusive control over competition regulation in telecoms. H said both the FCCPC and the NCC are both regulators.
The court said, “FCCPC acted within its statutory powers in issuing a Summons to MTN Nigeria as part of its ongoing inquiry,” emphasising that the commission’s “Summons and Request to Produce was found to be lawful and within the scope of FCCPC’s investigative powers.”
The court also held, “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.”
It said, “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.”
