WASPAN Challenges FCCPC Regulatory Powers Over Telecom Operators at Appeal Court

The Wireless Application Service Providers Association of Nigeria (WASPAN) has appealed a Federal High Court judgment in Lagos that upheld the regulatory powers of the Federal Competition and Consumer Protection Commission (FCCPC) under its Digital Economy and Online Non-Interest (DEON) Consumer Lending Regulations.

In a Notice of Appeal dated July 21, 2026, the association asked the Court of Appeal to set aside the judgment delivered by Justice Ambrose Lewis-Allagoa on July 20, which dismissed its originating summons challenging the FCCPC's regulatory authority over its members.

The appeal, filed by a legal team led by Oluwakemi Pinheiro, SAN, of Pinheiro LP, contains nine grounds of appeal.

WASPAN is also asking the appellate court to grant the reliefs contained in its originating summons filed on April 14, 2026.

At the heart of the dispute is the extent of the FCCPC's regulatory jurisdiction over businesses operating within the telecommunications sector.

WASPAN argued that the trial court misinterpreted provisions of the Federal Competition and Consumer Protection Act, 2018, particularly Section 2(1), which it said should be read alongside the phrase “as may be indicated otherwise.”

The association contended that the Nigerian Communications Act, 2003, specifically assigns the Nigerian Communications Commission (NCC) responsibility for promoting fair competition and protecting consumers within the telecommunications industry.

According to WASPAN, the existence of a sector-specific regulatory framework means that the FCCPC's powers must give way where matters fall within the statutory mandate of the NCC.

The association also challenged the interpretation placed on Section 163 of the FCCPA by the Federal High Court, arguing that the provision does not give the FCCPC unrestricted authority to make regulations covering every form of commercial activity.

WASPAN maintained that the commission's regulation-making powers are limited to matters contemplated by the FCCPA and that the DEON Consumer Lending Regulations exceed those statutory boundaries.

It further faulted what it described as an inconsistency in the trial court's judgment.

According to the association, while the court held that the FCCPC lacked the power to regulate or take over the statutory functions of the NCC and did not possess licensing powers in the telecommunications sector, it nevertheless dismissed WASPAN's originating summons.

A major point of contention is Paragraph 7 of the DEON Regulations, which requires members of the association to obtain FCCPC approval before providing consumer lending services.

WASPAN argued that the requirement effectively gives the FCCPC licensing powers over businesses operating within the telecommunications industry, despite the provisions of the Nigerian Communications Act.

The association contended that having found that the FCCPC lacked statutory licensing authority, the trial court ought to have declared the disputed provision ultra vires, null and void.

WASPAN also argued that the FCCPC had exceeded its statutory powers by extending its regulatory reach into areas it considers reserved for the NCC.

It challenged the reliance on Section 104 of the FCCPA, maintaining that the provision could not be interpreted as overriding the sector-specific regulatory regime established under the Nigerian Communications Act.

The association further relied on established principles of statutory interpretation, arguing that where a specific law and a general law regulate the same subject matter, the specific legislation should prevail to the extent of any inconsistency.

The appeal also raises constitutional concerns.

WASPAN argued that the DEON Regulations interfere with the freedom of association and contractual autonomy of its members, rights guaranteed under Section 40 of the Nigerian Constitution.

The association maintained that its members have the right to freely associate and choose the intermediaries and service providers with whom they wish to collaborate, arguing that such rights cannot be curtailed through subsidiary legislation.

In its appeal, WASPAN asked the Court of Appeal to overturn Justice Allagoa's July 20 judgment and grant the reliefs sought in its original suit.

The association has also filed a motion seeking an injunction restraining the FCCPC from enforcing the DEON Consumer Lending Regulations pending the hearing and determination of the appeal.

The case is expected to further test the boundaries between the powers of Nigeria's general competition and consumer protection regulator and those of sector-specific agencies, particularly the NCC, in regulating emerging digital financial services within the telecommunications industry.