The Federal High Court in Lagos has dismissed a suit filed by the Wireless Application Service Providers Association of Nigeria (WASPAN) challenging the Do-Not-Disturb (DEON) Regulations issued by the Federal Competition and Consumer Protection Commission (FCCPC).
WASPAN had argued that the FCCPC lacked the legal authority to regulate the telecommunications sector, insisting that such powers rest solely with the Nigerian Communications Commission (NCC) under the Nigerian Communications Act.
However, in his judgment, Justice Allagoa ruled that the FCCPC acted within its statutory powers under the Federal Competition and Consumer Protection Act (FCCPA). The court held that the commission is empowered to investigate anti-competitive practices, protect consumers, and issue regulations relating to competition and consumer rights.
The court further clarified that there is no conflict between the FCCPA and the Nigerian Communications Act, noting that while the NCC remains responsible for licensing telecommunications operators, the FCCPC retains authority over competition and consumer protection matters.
Justice Allagoa also ruled that the DEON Regulations do not amount to telecommunications licensing, dismissing WASPAN’s claim that the FCCPC acted beyond its legal powers.
Although the court rejected the FCCPC’s preliminary objection on procedural grounds, it ultimately dismissed WASPAN’s substantive suit, affirming the legality of the DEON Regulations.
The ruling reinforces the FCCPC’s regulatory authority on consumer protection and competition issues, though further legal action or an appeal may still follow.
