A legal practitioner and shareholder of MTN Nigeria Communications Plc, Emeka Nnubia, has appealed the judgment of a Federal Court in Lagos on the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to prevent anti-competitive practices.

In the judgment delivered on February 7, 2025, Justice F. N. Ogazi affirmed the FCCPC’s powers to prevent anti-competitive practices and protect consumers in the Nigerian communications market in line with Sections 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018.

Dissatisfied with the decision of the Court in Suit No. FHC/L/CS/1009/2024, Nnubia contended that the lower court failed to consider Section 90 of the Nigerian Communications Act.

According to him, that section grants the Nigerian Communications Commission exclusive authority to determine, pronounce upon, administer, monitor, and enforce compliance of all persons with competition laws and regulations over the Nigerian communications market.

He contended that while the Nigerian Communications Act is a law of specific application to the communications industry, the Federal Competition and Consumer Protection Act is a law of general application; therefore, the former should take precedence.

In his Notice of Appeal, obtained by *The Guardian* yesterday, Nnubia listed the Honourable Minister of Industry, Trade and Investment as the 1st Respondent, FCCPC as the 2nd Respondent, and MTN Nigeria Communications Plc as the 3rd Respondent.

The appeal stemmed from Nnubia’s initial action against the Honourable Minister of Industry, Trade and Investment, FCCPC, and MTN Nigeria Communications Plc, via an Originating Summons dated June 11, 2024, which sought an order of perpetual injunction preventing MTN from releasing any internal and confidential documents to the FCCPC and the Minister of Industry, Trade and Investment.

FCCPC filed a preliminary objection and a response to Nnubia’s Originating Summons, urging the Court to strike out the suit on the basis that the plaintiff lacked the *locus standi* to institute the action.

The Federal High Court delivered its judgment in favor of the respondents on February 7, 2025.

The outcome of the appeal could have significant implications for the regulatory landscape of Nigeria’s communications industry.

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