Clarifying Regulatory Authority II

INTRODUCTION

In February 2025, we considered the Federal High Court's decision in Emeka Nnubia v. Honourable Minister of Industry, Trade and Investment, Federal Competition and Consumer Protection Commission & MTN Communications Nigeria Plc, Suit No. FHC/L/CS/1009/2024 (Nnubia). The decision addressed an important question for businesses operating in regulated sectors: where a sector-specific regulator has statutory responsibility for an industry, does that responsibility exclude the economy-wide competition and consumer protection jurisdiction of the Federal Competition and Consumer Protection Commission (FCCPC)?

The Federal High Court held that it did not. Although the Nigerian Communications Commission (NCC) is the primary regulator of the telecommunications sector, its jurisdiction over competition matters is not exclusive. The Nigerian Communications Act 2003 (NCA) and the Federal Competition and Consumer Protection Act 2018 (FCCPA) must instead operate concurrently, with the