MTN loses case as court docket upholds FCCPC’s authority

The Federal Excessive Court docket in Lagos has dominated in favour of the Federal Competitors and Shopper Safety Fee in a authorized dispute involving MTN Nigeria, affirming the fee’s regulatory authority over competitors and shopper safety within the telecommunications sector.

This was disclosed in an announcement on Sunday by the Director of Company Affairs at FCCPC, Ondaje Ijagwu, who described the ruling as a big affirmation of the fee’s statutory mandate.

The case, presided over by Justice F.N. Ogazi, was filed by Emeka Nnubia, a shareholder of MTN and a authorized practitioner.

Nnubia had sought to forestall the FCCPC from investigating MTN Nigeria, arguing that the Nigerian Communications Fee was the only regulator of the telecom sector.

He additionally contended that FCCPC’s inquiry may violate information safety legal guidelines.

Nonetheless, the court docket dominated that Part 90 of the Nigerian Communications Act 2003, which grants the NCC jurisdiction over competitors issues in telecommunications, should be learn alongside Part 104 of the Federal Competitors and Shopper Safety Act 2018.

It said that the latter legislation establishes the FCCPC because the “main regulatory authority on competitors and shopper safety throughout all sectors,” together with telecommunications.

The court docket additional held that the FCCPA, being a later laws, “supersedes conflicting provisions of the NCA 2003 to the extent that they search to exclude FCCPC’s oversight within the telecommunications trade.”

This successfully signifies that the NCC doesn’t have unique management over competitors regulation in telecoms, and each regulators should share jurisdiction.

In its ruling, the court docket upheld FCCPC’s proper to research MTN for potential anti-competitive practices.

It said that “FCCPC acted inside its statutory powers in issuing a summons to MTN Nigeria as a part of its ongoing inquiry,” emphasising that the fee’s “summons and request to supply was discovered to be lawful and inside the scope of FCCPC’s investigative powers.”

The court docket additionally dismissed issues about information safety violations, holding that “FCCPC’s request for data from MTN didn’t violate any information safety legal guidelines, together with the Nigeria Knowledge Safety Act 2023 and the NCA 2003.”

It clarified that “no private information was requested, and MTN’s obligation to reveal data within the public curiosity is a professional foundation for compliance with FCCPC’s inquiry.”

The ruling emphasised that the FCCPC doesn’t must enter right into a Memorandum of Understanding with sector regulators earlier than implementing its statutory features.

As a substitute, it’s the accountability of sector regulators to work with the FCCPC.

The court docket said, “Coming into right into a Memorandum of Understanding with sector regulators will not be a situation precedent for FCCPC’s enforcement of its statutory features. As a substitute, it’s the obligation of sector regulators to interact with FCCPC to outline working preparations, not the opposite approach spherical.”

The judgement additionally strengthened the precept of regulatory independence, rejecting any try and hinder FCCPC from finishing up its statutory mandate.

The court docket famous that “stopping a regulator from discharging its duties violates the doctrine of separation of powers enshrined within the Structure.”

Whereas acknowledging the general public curiosity significance of the case, the court docket declined to award prices, regardless of noting that “prices ordinarily observe occasions.”

The plaintiff, Emeka Nnubia, represented himself within the case. Mr. Abimbola Ojenike and Ms. Oluwadamilola Omotosho appeared for the FCCPC, whereas Mr. Chinonso Ekuma represented MTN Nigeria.

Notably, there was no authorized illustration for the primary defendant, the Minister of Industry, Trade, and Investment.

With this ruling, the FCCPC has secured judicial backing to proceed its regulatory oversight within the telecommunications trade.