The Federal High Court in Lagos on Monday held that Federal Competition and Consumer Protection Commission, FCCPC, has no authority to issues licences but can only oversee airtime and data credit services.
The court clarified that the Commission’s powers function alongside those of the Nigerian Communications Commission, NCC, rather than replacing them.
Justice Ambrose Lewis-Allagoa, who delivered the judgment in Suit No. FHC/L/CS/760/2026, determined that the DEON Consumer Lending Regulations 2025 fall within the statutory and constitutional powers of the FCCPC.
Furthermore, the judge emphasized that the relationship between the FCCPC and sector-specific regulators is one of complementarity, stating that “concurrency means coexistence, not displacement.”
The court confirmed the precedence of the FCCPC in matters of competition and consumer protection as outlined in Sections 104 and 105 of the FCCPA 2018, while also safeguarding the NCC’s technical, licensing, and prudential duties as defined by the Nigerian Communications Act 2003.
The court ruled that the FCCPC does not possess the authority to issue licenses, and that the DEON Regulations do not establish a telecommunications licensing framework. The NCC continues to be the exclusive authority responsible for licensing entities within the telecommunications sector.
In April 2026, the FCCPC authorized five companies to function as airtime and data credit providers under the DEON framework.
The court’s decision raises pertinent questions regarding the regulatory foundation upon which those approvals were granted.
This ruling marks the first judicial clarification on the oversight of airtime and data credit services between the two regulatory bodies, in a market valued at between N300 billion and N400 billion annually, utilized by approximately 40 million Nigerians on a daily basis.
Gbenga Adebayo, the Chairman of the Association of Licensed Telecommunications Operators of Nigeria, expressed his approval of the clarity provided by the judgment.
Adebayo said, “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.
Concurrency means coexistence. The industry now expects both regulators to establish the coordination framework that the court’s reasoning requires.”
Adebayo called on the FCCPC and the NCC to engage the industry in formal consultation before enforcement action is taken, noting that airtime credit services were suspended for three months earlier this year following an enforcement directive and were restored only recently.
“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 also noted that the Presidential Enabling Business Environment Council directive of 6 April 2026, which requires all federal agencies to conduct a Regulatory Impact Assessment before significant regulatory changes, remains in effect.
The judgment is expected to set a precedent for how sector-specific regulators and the FCCPC share oversight as digital products increasingly cross traditional regulatory boundaries.
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