The Chairman of the Association of Licensed Telecommunications Operators of Nigeria (ALTON), Engr. Gbenga Adebayo, has called on the Federal Competition and Consumer Protection Commission (FCCPC) and the Nigerian Communications Commission (NCC) to clearly define their respective regulatory responsibilities before taking any action that could disrupt access to airtime and data credit services.
His appeal comes in the wake of Monday’s judgment by the Federal High Court in Lagos, which affirmed the FCCPC’s authority to regulate airtime and data credit services while making it clear that the commission’s powers are to operate alongside those of the NCC, rather than replacing them.
In Suit No. FHC/L/CS/760/2026, Justice Ambrose Lewis-Allagoa ruled that the DEON Consumer Lending Regulations 2025 fall within the FCCPC’s statutory and constitutional mandate. The court further explained that the relationship between the FCCPC and sector-specific regulators is complementary, stating that “concurrency means coexistence, not displacement.”
The judgment also reaffirmed the FCCPC’s leading role in competition and consumer protection matters under Sections 104 and 105 of the Federal Competition and Consumer Protection Act (FCCPA) 2018. At the same time, it preserved the NCC’s responsibilities for technical regulation, licensing, and prudential oversight under the Nigerian Communications Act 2003.
ALTON Calls for Regulatory Coordination
Responding to the decision, Adebayo described the ruling as a significant clarification for the telecommunications industry and expressed optimism that it would provide a clearer framework for regulatory collaboration.
“The court has done something important. It has confirmed the FCCPC’s authority and, in the same breath, affirmed that the NCC’s role is preserved. Concurrency means coexistence. The industry now expects both regulators to establish the coordination framework that the court’s reasoning requires,” he said.
The ALTON chairman also urged both regulators to consult operators through formal engagement before embarking on any enforcement action. He recalled that airtime credit services were suspended for three months earlier this year following an enforcement directive before eventually being restored, a development that affected millions of users.
“Forty million Nigerians depend on these services. The court has made clear that both regulators have a role. The industry is asking them to define how that works before any action that could disrupt access again,” Adebayo added.
He further noted that the Presidential Enabling Business Environment Council’s directive of April 6, 2026, which requires all federal agencies to conduct Regulatory Impact Assessments before implementing major regulatory changes, remains applicable and should continue to guide future actions.
The ruling is widely seen as the first judicial pronouncement outlining how oversight of Nigeria’s airtime and data credit services should be shared between the FCCPC and the NCC. The sector is estimated to be worth between N300 billion and N400 billion annually, with approximately 40 million Nigerians relying on the services every day.
Stay informed with the latest breaking news, business, technology, politics, and more. Discover more updates at LouisaOlaniyi.com.ng.
