A lawyer and public policy commentator, Ilemona Onoja, has argued that the regulatory dispute between the Federal Competition and Consumer Protection Commission (FCCPC) and the telecommunications sector over airtime and data credit services could have been avoided if Nigeria required mandatory regulatory impact assessments before major enforcement actions.

Onoja made the submission during a Twitter Space hosted by financial commentator Kalu Aja ahead of a Federal High Court judgment expected to determine which agency has the authority to license operators in Nigeria’s airtime and data credit market.

According to him, the controversy reflects broader shortcomings in Nigeria’s legislative and regulatory processes, where new laws and regulations are often introduced without sufficient consideration of existing legal frameworks or regulatory responsibilities.

“More than half the time, you find out that laws are made without consideration for the already existing laws, or existing infrastructure, or existing regulations,” Onoja said.

He argued that such gaps frequently result in overlapping mandates and disputes between government agencies over regulatory authority.

Onoja acknowledged that the FCCPC’s Digital Economy and Online Non-Bank Consumer Lending (DEON) Consumer Lending Regulations introduced in 2025 were intended to address concerns surrounding predatory digital lending practices.

However, he contended that the dispute arose when the commission sought to apply the same regulatory framework to airtime and data credit services offered by companies already licensed by the Nigerian Communications Commission (NCC).

“For a reason nobody still understands, the FCCPC then said that the DEON regulations should apply to companies that provide value-added services,” he said.

The legal analyst maintained that while the FCCPC is empowered to protect consumer rights, its establishing legislation does not grant it authority to issue operating licences in sectors already regulated by other agencies.

Using an analogy, he compared the situation to requiring a medical practitioner, already licensed by the appropriate professional body, to obtain a separate licence from another agency solely because the individual provides services to consumers.

“The FCCPC has no such power,” he argued.

Onoja said a properly conducted regulatory impact assessment (RIA) would have identified the potential jurisdictional conflict before implementation, allowing regulators to consider the implications for government agencies, service providers and consumers.

Supporting the argument, Aja likened the assessment process to the due diligence conducted during capital market transactions, where all regulatory requirements are reviewed before approvals are granted.

Onoja also addressed the ongoing court proceedings, noting that the Wireless Application Service Providers Association of Nigeria (WASPAN) secured an interim injunction from a Federal High Court in Lagos in April 2026 restraining the FCCPC from enforcing the DEON regulations against its members.

According to him, the commission subsequently continued issuing licences under the disputed framework, prompting the court to issue a Form 45 notice warning the FCCPC’s Executive Vice Chairman, Tunji Bello, of possible committal proceedings for alleged contempt of court.

He criticised what he described as poor coordination within government, arguing that the matter could have been resolved administratively rather than through litigation.

“If four people, the Minister for Telecommunications, the Minister for Trade and Investment, the DG of the FCCPC and the DG of the NCC, had all sat down in a room, you wouldn’t have had to waste public resources by going to court to determine an issue that, to my mind, is very simple and straightforward,” he said.

Onoja nevertheless commended the judiciary for handling the matter, expressing confidence in the legal process ahead of the judgment expected in Suit No. FHC/L/CS/760/2026 before Justice Ambrose Lewis-Allagoa.

He urged government agencies to operate strictly within the powers conferred by their enabling laws to minimise future regulatory conflicts.

The dispute centres on Nigeria’s airtime and data credit market, estimated to be worth between ₦300 billion and ₦400 billion annually and serving about 40 million users. All four major mobile network operators suspended airtime and data credit services following the FCCPC’s enforcement directive in April 2026 before restoring the services while the legal dispute continued.