The Federal High Court in Lagos has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) lacks the statutory authority to issue licences in the telecommunications sector, holding that the Commission's role is limited to oversight of airtime and data credit services.
In a landmark judgment delivered on Monday in Suit No. FHC/L/CS/760/2026, Justice Ambrose Lewis-Allagoa clarified that the FCCPC's powers operate alongside those of the Nigerian Communications Commission (NCC), rather than superseding them.
The judge upheld the validity of the DEON Consumer Lending Regulations 2025, ruling that they fall within the FCCPC's constitutional and statutory mandate. However, he stressed that the regulations do not establish a telecommunications licensing framework.
Describing the relationship between the FCCPC and sector regulators as complementary, Justice Lewis-Allagoa declared that "concurrency means coexistence, not displacement."
The court reaffirmed the FCCPC's authority over competition and consumer protection matters under Sections 104 and 105 of the Federal Competition and Consumer Protection Act (FCCPA) 2018, while preserving the NCC's exclusive powers over technical regulation, licensing and prudential oversight as provided under the Nigerian Communications Act 2003.
According to the ruling, the FCCPC has no legal authority to issue telecommunications licences, while the NCC remains the sole regulator empowered to license operators in the sector.
The judgment has also raised fresh questions over the legal basis for the FCCPC's approval of five companies in April 2026 to operate as airtime and data credit providers under the DEON framework.
The decision is regarded as the first judicial interpretation defining the regulatory boundaries between the FCCPC and the NCC in the oversight of Nigeria's airtime and data credit market, estimated to be worth between ₦300 billion and ₦400 billion annually and serving about 40 million Nigerians every day.
Reacting to the ruling, Chairman of the Association of Licensed Telecommunications Operators of Nigeria (ALTON), Gbenga Adebayo, welcomed the court's clarification of the respective roles of both regulators.
"The court has done something important. It has confirmed the FCCPC's authority and, in the same breath, affirmed that the NCC's role is preserved," Adebayo said.
"Concurrency means coexistence. The industry now expects both regulators to establish the coordination framework that the court's reasoning requires."
He urged the FCCPC and the NCC to engage industry stakeholders through formal consultations before taking enforcement actions, recalling that airtime credit services were suspended for three months earlier this year following a regulatory directive before being restored.
"Forty million Nigerians depend on these services. The court has made clear that both regulators have a role. The industry is asking them to define how that works before any action that could disrupt access again," he said.
Adebayo further noted that the Presidential Enabling Business Environment Council (PEBEC) directive of April 6, 2026, mandating all federal agencies to conduct Regulatory Impact Assessments before introducing major regulatory changes, remains in force.
The ruling is expected to serve as a significant precedent for future collaboration between the FCCPC and sector-specific regulators as digital financial and telecommunications products continue to blur traditional regulatory boundaries.
