The Federal High Court in Lagos has ruled that the Federal Competition and Consumer Protection Commission (FCCPC) lacks the statutory powers to issue telecommunications licences, while affirming the validity of the Direct Emergency Operator Notification (DEON) Regulations made by the Commission.

Justice Allagoa, who delivered the judgment, dismissed the Suit No. FHC/L/CS/760/2026, filed by the Wireless Application Service Providers Association of Nigeria Ltd/Gte (WASPAN), which had sought to nullify the DEON Regulations on the grounds that they were made outside the FCCPC’s statutory powers.

WASPAN had argued that the FCCPC lacked the authority to regulate the communications sector in view of the provisions of the Nigerian Communications Act and urged the court to declare the DEON Regulations ultra vires.

Before the court considered the substantive issues, the FCCPC challenged the suit through a preliminary objection, contending that the plaintiff failed to comply with the statutory pre-action notice requirement and that the action disclosed no reasonable cause of action.

Justice Allagoa, however, dismissed the preliminary objection, holding that the suit disclosed a reasonable cause of action and that the plaintiff had served a pre-action notice on the Commission.

The court further held that the plaintiff acted under a genuine apprehension and that, as the dispute concerned the interpretation of legislation rather than a claim for damages, any alleged non-compliance with the pre-action notice requirement did not deprive the court of jurisdiction.

On the substantive issues, the court held that Sections 104, 105, 106 and 163 of the Federal Competition and Consumer Protection Act empower the FCCPC to investigate anti-competitive conduct, protect consumers and make regulations in furtherance of its statutory mandate.

The court also found that there was no conflict between the Federal Competition and Consumer Protection Act and the Nigerian Communications Act, holding that both statutes operate within their respective spheres.

Justice Allagoa clarified that while the FCCPC is vested with powers relating to competition and consumer protection, the Nigerian Communications Commission (NCC) remains the statutory regulator responsible for licensing companies operating in the telecommunications sector.

The judge held that the FCCPC lacks the power to issue telecommunications licences and that nothing contained in the DEON Regulations creates or amounts to a telecommunications licensing regime.

Consequently, the court dismissed WASPAN’s suit and held that the DEON Regulations were not ultra vires the powers of the FCCPC, effectively affirming the Commission’s authority to make the regulations while drawing a clear distinction between its competition and consumer protection mandate and the NCC’s exclusive licensing powers.

The ruling is expected to provide greater regulatory clarity for the telecommunications sector by defining the respective roles of the FCCPC and the NCC, although the parties indicated that the litigation may not have reached its final stage.