The Federal High Court in Lagos on Monday held that Federal Competition and Consumer Protection Commission, FCCPC, has no authority to issue 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
