Legal practitioner and a shareholder of MTN Nigeria Communications Plc, Emeka Nnubia, has appealed the judgment of a Federal court in Lagos, on the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to prevent anti-competitive practices.
In the judgment delivered on February 7, 2025, the court affirmed the FCCPC’s powers to prevent anti-competitive practices and protect consumers in the Nigerian communications market in line with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.
But dissatisfied with the decision of the Court in Suit No. FHC/L/CS/1009/2024, Nnubia contended that the lower Court failed to consider Section 90 of the Nigerian Communications Act.
According to him, that section grants the Nigerian Communications Commissions exclusive authority to determine, pronounce upon, administer, monitor and enforce compliance of all persons with competition laws and regulations over the Nigerian communications market.
According to him, while the Nigerian Communications Act is a law of specific application to the communications industry, the Federal Competition and Consumer Protection Act is a law of general application and, therefore, the former should take precedence.
In his Notice of Appeal, obtained by The Guardian yesterday, Nnubia listed the Minister of Industry Trade and Investment as the first respondent, FCCPC as the second respondent and MTN Nigeria Communications Plc as the third respondent.
The appeal stemmed from Nnubia’s initial action against the minister of industry, FCCPC and MTN vide an originating summons dated June 11, 2024, which sought an order of perpetual injunction preventing MTN from releasing any internal and confidential documents to FCCPC and Minister of Industry, Trade and Investment.
FCCPC filed a preliminary objection to Nnubia’s originating summons and urged the court to strike out the suit on the basis that the plaintiff lacked the locus standi to institute the action.
The court delivered its judgment in favour of the respondents on February 7, 2025.
The outcome of the appeal could have significant implications for the regulatory landscape of Nigeria’s communications industry.