The Federal Competition and Consumer Protection Commission (FCCPC) has won a significant legal battle, securing a court ruling that reinforces its authority to regulate fair competition and protect consumers across all sectors, including telecommunications, 9am news reports.
the landmark judgment, delivered by Judge F.N. Ogazi in Lagos on February 7, 2025, establishes that the FCCPC has jurisdiction to investigate business practices in the telecom industry, alongside the Nigerian Communications Commission (NCC). The ruling dismissed claims that only the NCC could oversee competition in the sector, affirming that the 2018 law establishing the FCCPC takes precedence over the older 2003 legislation governing the NCC.
The case stemmed from efforts by Emeka Nnubia, a lawyer and shareholder in MTN Nigeria, to block the FCCPC from investigating the telecom giant. Nnubia argued that such an investigation could breach data protection laws and insisted that only the NCC had regulatory oversight. However, the court ruled that the FCCPC has the legal authority to request information from MTN Nigeria to investigate possible unfair business practices without breaching data protection regulations.
The judgment reinforces the FCCPC’s role in ensuring ethical competition practices and consumer protection. It also mandates that the FCCPC and NCC collaborate in overseeing telecom market fairness, reflecting global standards where consumer protection agencies work alongside industry regulators. Furthermore, the ruling clarifies that formal agreements between regulatory bodies are not required for collaboration, making it incumbent upon other regulators to coordinate with the FCCPC.
This decision sets a precedent for competition regulation in Nigeria, affirming that the FCCPC plays a critical role in protecting consumer interests across all industries.
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