Court Rules FCCPC Has Authority To Investigate MTN

The Federal High Court in Lagos has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) has the legal authority to investigate MTN Nigeria, rejecting claims that only the Nigerian Communications Commission (NCC) can conduct such inquiries.

Justice F.N. Ogazi ruled that the FCCPC has regulatory oversight over competition and consumer protection across all sectors, including telecommunications. The court held that:

Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition in telecoms, must be read alongside Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
The FCCPA, as a more recent law, takes precedence over conflicting provisions in the NCA 2003.
Blocking FCCPC from investigating telecom firms would infringe on the doctrine of separation of powers and undermine consumer protection efforts.

The case was filed by Emeka Nnubia, a shareholder of MTN and legal practitioner, who sought to prevent FCCPC from investigating MTN Nigeria. He argued that:
Only the NCC has the statutory power to investigate telecom operators.
FCCPC’s actions could violate data protection laws.
However, the court dismissed his claims, affirming FCCPC’s statutory mandate.

The FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, welcomed the ruling, stating that it reaffirms the agency’s powers to investigate and regulate competition and consumer rights violations across all industries.

The ruling underscores the FCCPC’s role in enforcing fair competition and protecting consumers, even within the telecommunications sector.