Introduction
On February 7, 2025, the Federal High Court in Lagosdelivered a landmark judgment in the case of Emeka Nnubia v. Honourable Minister of Industry, Trade and Investment, Federal Competition and Consumer Protection Commission (FCCPC), and MTN Communications Nigeria PLC(Suit No: FHC/L/CS/1009/2024). This ruling affirmed the FCCPC's regulatory authorityover competition and consumer protection within the telecommunications sector, a decision with significant implications for its jurisdiction across various industries.
Background
The dispute originated when the FCCPCinitiated an investigationinto MTN Communications Nigeria PLC's (MTN)concerning alleged anti-competitive practices. As part of its inquiry, the FCCPC requested access to MTN's internal documents.
Emeka Nnubia, a legal practitioner and minority shareholder in MTN, challenged this request, arguing that the Nigerian Communications Commission (NCC)held exclusive regulatory authorityover MTN and that the FCCPC's actions could violate data protection laws.
The Court's Decision
The Federal High Courtruled in favour of the FCCPC, stating that while the NCCis the primary regulator of the telecommunications sector, it does not possess exclusive authority over competition matters. The court emphasised that Section 90 of the Nigerian Communications Act (NCA) 2003, which grants the NCC jurisdiction over competition issues within the telecom industry, must be read in conjunction with Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
The FCCPA 2018established the FCCPC as the primary regulatory authorityon competition and consumer protection across all sectors. Consequently, the FCCPA, being the more recent legislation, supersedes conflicting provisionsof the NCA 2003to the extent that it seeks to exclude the FCCPC's oversight in the telecommunications industry.
Memorandum of Understanding (MoU) Between the FCCPC and the NCC
Section 105 of the FCCPA 2018mandates collaborationbetween the FCCPCand sector-specific regulators, including the NCC, to ensure a coordinated approach to competition and consumer protection. This provision aligns with global best practices, where consumer protection bodies work alongside industry-specific regulatorsto ensure comprehensive oversight.
According to the FCCPC's report, the expectation is that the NCC and other sector regulators must approach the FCCPCto negotiate MoUs, rather than the FCCPC initiating the process. However, as of now, there is no known MoU signed between the FCCPC and any sector regulatorsince the enactment of the FCCPA in 2019.
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