Following the judgement of the Federal High Court delivered on February 7, 2025, affirming the Federal Competition and Consumer Protection Commission’s (FCCPC) powers to prevent anti-competitive practices and protect consumers in Nigerian communications market in line with Section 17 and 18 of the Federal Competition and Consumer Protection Act (FCCPA) 2018, Emeka Nnubia, Esq, a Legal Practitioner, and shareholder of MTN Nigeria Communications Plc, has appealed the decision of the Federal High Court in Suit No. FHC/L/CS/1009/2024 to the Court of Appeal.

Nnubia contests that the lower Court failed to consider that section 90 of the Nigerian Communications Act grants the Nigerian Communications Commissions exclusive authority to determine, pronounce upon, administer, monitor and enforce compliance of all persons with competition laws and regulations over Nigerian communications market. He contests 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, Nnubia lists 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 stems from Nnubia’s initial action against the Honourable Minister of Industry, Trade and Investment, FCCPC and MTN Nigeria Communications Plc vide an Originating Summons dated June 11, 2024, which sought an order of perpetual injunction preventing MTN from releasing any internal and confidential documents to FCCPC and Minister of Industry, Trade and Investment.

FCCPC filed a preliminary objection and a response to Nnubia’s Originating Summons and urged 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 Judgement on February 7, 2025.

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