The Association of Licensed Telecommunications Operators of Nigeria (ALTON) has urged the Nigerian Communications Commission (NCC) and the Federal Competition and Consumer Protection Commission (FCCPC) to jointly develop a clear regulatory framework for airtime and data credit services following a Federal High Court judgment clarifying the roles of both agencies.
The appeal came after the Federal High Court in Lagos ruled that while the FCCPC has the legal authority to regulate airtime and data credit services under the Federal Competition and Consumer Protection Act 2018, its powers must be exercised alongside those of the NCC, which retains exclusive oversight of telecommunications licensing and technical regulation under the Nigerian Communications Act 2003.
Reacting to the judgment, Gbenga Adebayo, chairman of ALTON, described the ruling as a significant step toward resolving longstanding uncertainty over the regulatory responsibilities of both agencies.
According to him, the judgment provides much-needed clarity for operators and underscores the need for structured cooperation between the FCCPC and the NCC.
“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,” Adebayo said.
Justice Ambrose Lewis-Allagoa, who delivered judgment in Suit No. FHC/L/CS/760/2026, held that the powers of the two regulators are complementary rather than conflicting, stressing that “concurrency means coexistence, not displacement.”
The court’s decision effectively recognises the FCCPC’s consumer protection mandate while maintaining the NCC’s statutory responsibility for licensing telecommunications operators and regulating technical aspects of the sector.
Against this backdrop, ALTON called on both regulators to institutionalise formal consultation mechanisms with industry stakeholders before implementing enforcement actions that could affect service delivery.
Adebayo recalled that airtime and data credit services, relied upon by millions of subscribers, were suspended for about three months earlier this year following an enforcement directive before eventually being restored.
He warned that regulatory actions taken without proper coordination could disrupt access to services that have become critical to many Nigerians.
“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,” he stated.
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