The court has affirmed that the FCCPC possesses the authority to conduct investigations into MTN.
The Federal Competition and Consumer Protection Commission (FCCPC) can investigate Mobile Telecommunications Nigeria (MTN), according to a ruling from the Federal High Court in Lagos.
Justice F.N. Ogazi, who presided over the case, emphasized that the FCCPC has the authority to look into shareholders of service-providing companies, meaning there’s no issue with the agency probing MTN or any other telecom company.
On Sunday, FCCPC's Director of Corporate Affairs, Ondaje Ijagwu, stated that the court's decision confirmed the agency's legal powers. This information was shared with reporters in Abuja.
A shareholder of MTN, Emeka Nnubia, had previously filed a lawsuit to stop the FCCPC from investigating the company, claiming that only the Nigerian Communications Commission (NCC) had the authority to do so. He also argued that the FCCPC's investigation could violate data protection laws and asked the court to block the agency's actions.
After considering both sides, Justice Ogazi ruled that Section 90 of the Nigerian Communications Act 2003, which gives the NCC jurisdiction over competition issues in telecommunications, should be read together with Section 104 of the Federal Competition and Consumer Protection Act 2018. The judge pointed out that the NCC does not hold exclusive rights to investigate telecom companies.
In interpreting the law that created the FCCPC, the court concluded that it gives the commission primary regulatory power over competition and consumer protection in all sectors, including telecommunications.
Additionally, the court decided that the FCCPA, being a more recent law, takes precedence over any conflicting parts of the NCA 2003 that might limit the FCCPC's authority in the telecom sector.
The judge raised apprehensions that restricting the FCCPC from utilizing its regulatory and investigative authorities, as outlined in the Constitution of the Federal Republic of Nigeria, would constitute a violation of the principle of separation of powers.
The plaintiff, Emeka Nnubia, acted as his own counsel in the proceedings. Mr. Abimbola Ojenike and Ms. Oluwadamilola Omotosho represented the FCCPC, while Mr. Chinonso Ekuma served as the legal representative for MTN Nigeria.