Industry seeks regulatory clarity after court affirms FCCPC, NCC roles

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By Dapo Akinrefon

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ABUJA—A Federal High Court judgment affirming the Federal Competition and Consumer Protection Commission’s, FCCPC, authority to regulate Nigeria’s airtime lending market, while holding that telecommunications licensing remains the responsibility of the Nigerian Communications Commission, NCC, has sparked fresh debate among industry stakeholders.

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Lawyer Ilemona Onoja said the ruling raises questions about the legal basis of approvals granted under the FCCPC’s DEON framework.

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“Regulating a market and licensing operators are fundamentally different powers. The FCCPC can regulate conduct but cannot issue licences. The NCC remains the sole licensing authority.”

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The Wireless Application Service Providers Association of Nigeria, WASPAN, in a statement by its Chairman, Regulatory and Partnership, Osa Umweni, said the judgment clarified that the FCCPC does not issue telecommunications licences. The association also said it was reviewing the judgment with its legal team to determine its next steps, including the possibility of an appeal.

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Chairman of the Association of Licensed Telecommunications Operators of Nigeria, ALTON, Gbenga Adebayo, welcomed the ruling, saying it clarifies the respective roles of the FCCPC and the NCC.

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“The court has confirmed the FCCPC’s authority and, in the same breath, affirmed that the NCC’s role is preserved. Concurrency means coexistence.”

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Adebayo urged both regulators to establish a clear coordination framework through industry consultation, noting that about 40 million Nigerians rely on airtime credit services. He also recalled the Presidential Enabling Business Environment Council’s April 6, 2026 directive requiring Regulatory Impact Assessments before major regulatory changes.

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