Court Affirms FCCPC's Authority Over Airtime Credit Regulation

The Federal High Court in Lagos has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) has the authority to regulate airtime and data credit services but cannot issue licenses to operators in the telecommunications sector. This decision clarifies the regulatory roles of the FCCPC and the Nigerian Communications Commission (NCC).

Regulatory Authority Defined

Justice Ambrose Lewis-Allagoa delivered the judgment in Suit No. FHC/L/CS/760/2026, affirming that the FCCPC's Digital Economy and Online Non-Bank Consumer Lending (DEON) Consumer Lending Regulations 2025 fall within the commission's statutory and constitutional powers. However, the court emphasized that the FCCPC's regulatory authority coexists with that of sector regulators, stating that "concurrency means coexistence, not displacement."

Licensing Powers Reserved for NCC

The court maintained that the NCC retains exclusive responsibility for technical regulation, licensing, and prudential oversight under the Nigerian Communications Act 2003. It ruled that the FCCPC lacks the statutory power to issue licenses to telecommunications operators, preserving the NCC's licensing authority.

Implications for Airtime and Data Credit Market

This judgment has immediate implications for the airtime and data credit market, estimated to be worth between ₦300 billion and ₦400 billion annually and serving about 40 million Nigerians. The ruling clarifies the regulatory framework, ensuring that while the FCCPC can oversee competition and consumer protection matters, licensing remains under the purview of the NCC.

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