Lagos — In a landmark ruling that seeks to clarify overlapping regulatory mandates, the Federal High Court has affirmed the Federal Competition and Consumer Protection Commission’s (FCCPC) powers to oversee consumer lending and competition in Nigeria’s digital economy while declaring that the Commission cannot issue telecommunications licences.
Justice Ambrose Lewis-Allagoa, in a judgment delivered on Monday in Suit No. FHC/L/CS/760/2026, dismissed the legal challenge filed by the Wireless Application Service Providers Association of Nigeria (WASPAN) against the FCCPC’s Digital, Electronic, Online or Non-traditional Consumer Lending (DEON) Regulations.
The court held that the DEON Regulations are valid, deriving their authority from relevant provisions of the Federal Competition and Consumer Protection Act (FCCPA), specifically Sections 104, 105, 106, and 163. These sections empower the FCCPC to investigate anti-competitive conduct, safeguard consumers, and make supporting regulations.
Crucially, however, Justice Lewis-Allagoa ruled that the FCCPC lacks statutory authority to grant telecommunications licences, emphasising that this function remains the exclusive preserve of the Nigerian Communications Commission (NCC). The judgment explicitly stated that the DEON Regulations do not create any telecom licensing regime.
The decision has brought regulatory clarity to a sector marked by overlapping oversight, even as it prompts fresh examination of approvals earlier granted by the FCCPC to five firms offering airtime and data-credit services.
Public policy commentator Ilemona Onoja welcomed the distinction drawn by the court. “The FCCPC retains strong powers to regulate market conduct and protect consumers, but licensing operators is squarely within the NCC’s domain,” he noted.
WASPAN described the outcome as a partial victory, particularly on the licensing issue. In a statement by its Chairman for Regulatory and Partnership, Osa Umweni, the association said the ruling validated its position that the FCCPC had exceeded its mandate in certain areas. The group is now consulting with its legal team, led by Senior Advocate of Nigeria Kemi Pinheiro, on possible next steps.
Meanwhile, the Association of Licensed Telecommunications Operators of Nigeria (ALTON) praised the judgment for reinforcing the principle of concurrent but clearly delineated regulation. ALTON Chairman Gbenga Adebayo urged both the FCCPC and NCC to collaborate closely and engage stakeholders before introducing measures that could affect service delivery.
“About 40 million Nigerians rely on airtime and data-credit services,” Adebayo said, calling for regulatory certainty in a market estimated to be worth between N300 billion and N400 billion annually. He also reminded regulators of the Presidential Enabling Business Environment Council’s requirement for Regulatory Impact Assessments ahead of major policy shifts.
The ruling is expected to influence how Nigeria’s digital lending and telecommunications sectors are supervised going forward, with industry players anticipating clearer guidelines on the status of services operating under the DEON framework.
A story of courage, wonder, and the transformative power of self-belief; perfect for readers aged 10+ who love adventure. To place order: +234 806 130 3237 | +234 803 582 0870 OR Tap the link to grab a copy:https://www.zeekapublish.com/product/the-magical-life-of-anna
