Court Restricts FCCPC Licensing Powers, Upholds Consumer Protection Role in Telecom Sector

The Federal High Court sitting in Lagos has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) does not have the authority to issue licences to telecommunications operators, reaffirming that such licensing powers rest with the Nigerian Communications Commission (NCC).

The judgment, delivered on Monday, clarified the respective regulatory responsibilities of the FCCPC and the NCC in Nigeria’s telecommunications industry. While the court recognised the FCCPC’s mandate to regulate competition and protect consumers, it held that the commission cannot assume the licensing functions assigned to the sector’s dedicated regulator.

The ruling followed a legal challenge involving the FCCPC’s regulatory activities in the telecommunications sector. The court’s decision effectively limits the commission’s role to areas within its statutory mandate while preserving the NCC’s exclusive responsibility for licensing telecommunications operators.

The judgment is expected to provide further clarity on the regulatory boundaries between the two federal agencies, particularly as the telecommunications sector continues to expand and new digital services emerge.

The decision, however, does not strip the FCCPC of its consumer protection and competition oversight responsibilities within the telecommunications industry. The commission retains its broader statutory role in addressing anti-competitive practices and safeguarding consumer interests, subject to the limits established by the court.

The ruling comes amid increasing regulatory attention to Nigeria’s rapidly evolving digital economy, where overlapping responsibilities among government agencies have occasionally triggered legal disputes and uncertainty for businesses operating in the sector.