The Federal Competition and Consumer Protection Commission, FCCPC, has the power to investigate Mobile Telecommunications Nigeria, MTN, the Federal High Court sitting in Lagos has ruled.
The court, presided over by Justice F.N. Ogazi, stated that the power to investigate shareholders in a service-providing firm lies with the FCCPC. Therefore, there was nothing wrong with the agency investigating MTN or any other company in the telecommunications sector.
In a statement on Sunday, the Director of Corporate Affairs of FCCPC, Ondaje Ijagwu, said the ruling of the court affirmed the statutory powers of the agency.
The statement was made available to journalists in Abuja.
A shareholder of MTN and a legal practitioner, Emeka Nnubia, had filed a lawsuit seeking to prevent the FCCPC from investigating MTN Nigeria, arguing that only the Nigerian Communications Commission, NCC, has the sole statutory power to carry out such an investigation.
Nnubia further argued in court that the FCCPC investigation could breach data protection laws and urged the Court to restrain FCCPC from proceeding.
After hearing arguments from both parties, Justice Ogazi ruled that Section 90 of the Nigerian Communications Act 2003, which grants the NCC jurisdiction over competition matters in telecommunications, must be read alongside Section 104 of the Federal Competition and Consumer Protection Act 2018. The judge maintained that NCC does not have the sole mandate to investigate telecommunications firms.
In interpreting the act that established FCCPC, the court held that it grants the commission primary regulatory authority over competition and consumer protection across all sectors, including telecommunications.
Furthermore, the court ruled that FCCPA, being later legislation, supersedes conflicting provisions of NCA 2003 to the extent that they seek to exclude FCCPC’s oversight in the telecommunications industry.
The judge expressed concern that preventing FCCPC from exercising its regulatory and investigative powers, as enshrined in the Constitution of the Federal Republic of Nigeria, would amount to an infringement on the doctrine of separation of powers.
The plaintiff, Emeka Nnubia, represented himself in the case. Mr Abimbola Ojenike and Ms Oluwadamilola Omotosho appeared for FCCPC, while Mr Chinonso Ekuma represented MTN Nigeria.
