FCCPC's Regulatory Powers Challenged by WASPAN in Court of Appeal

The Wireless Application Service Providers Association of Nigeria, WASPAN, has lodged an appeal against a Federal High Court ruling that upheld the Federal Competition and Consumer Protection Commission's, FCCPC, regulatory authority over the digital consumer lending market. This move is aimed at contesting the legitimacy of the FCCPC's Digital Economy and Online Non-Interest Consumer Lending Regulations, DEON, as they apply to telecommunications operators. According to WASPAN, the lower court's decision was marred by legal inaccuracies and inconsistencies. The association is seeking the Court of Appeal's intervention to overturn the ruling and assert the Nigerian Communications Commission's, NCC, exclusive oversight in the telecom sector. In its appeal, WASPAN cited nine grounds, arguing that the trial court misinterpreted key provisions of the Federal Competition and Consumer Protection Act, 2018, and overlooked the NCC's sector-specific regulatory powers as stipulated in the Nigerian Communications Act, 2003. The appeal comes after the dismissal of WASPAN's initial challenge to the DEON regulations. The association maintains that the FCCPC overstepped its bounds by extending its regulatory authority into areas reserved for the NCC, and that the DEON regulations infringe upon the constitutional rights of its members. WASPAN is urging the Court of Appeal to declare the DEON regulations inapplicable to telecom operators and to recognize the NCC's exclusive regulatory jurisdiction in the sector. This appeal is expected to clarify the scope of the FCCPC's regulatory powers and its relationship with sector-specific regulators like the NCC in the digital lending and telecom sectors.