The Association of Licensed Telecommunications Operators of Nigeria (ALTON) has called on the Federal Competition and Consumer Protection Commission (FCCPC) and the Nigerian Communications Commission (NCC) to develop a clear and coordinated framework for regulating airtime and data credit services in the country.
The appeal followed a judgment by the Federal High Court in Lagos, which affirmed that both agencies have complementary regulatory responsibilities over airtime and data credit services. Delivering judgment in Suit No. FHC/L/CS/760/2026, Justice Ambrose Lewis-Allagoa ruled that while the FCCPC has powers under the Federal Competition and Consumer Protection Act (FCCPA) 2018 to regulate consumer protection issues, the NCC retains its exclusive authority over telecommunications licensing and technical regulation under the Nigerian Communications Act 2003. The judge stressed that the responsibilities of both regulators should coexist rather than conflict, stating that “concurrency means coexistence, not displacement.”
Reacting to the ruling, ALTON Chairman, Gbenga Adebayo, described the judgment as a significant step towards providing regulatory clarity for operators in the telecommunications sector. He said the decision clearly defines the roles of both agencies and expressed the expectation that they would now work together to establish a practical coordination framework that reflects the court’s position.
Adebayo also urged the FCCPC and the NCC to engage telecommunications operators and other industry stakeholders through formal consultations before implementing enforcement measures. He recalled that airtime and data credit services were suspended for three months earlier this year following regulatory action, a move that disrupted access before the services were eventually restored. According to him, about 40 million Nigerians rely on the services, making it essential for both regulators to agree on clear operational guidelines before introducing measures that could affect consumers.
The ALTON chairman further noted that the Presidential Enabling Business Environment Council’s directive of April 6, 2026, which requires all federal agencies to conduct a Regulatory Impact Assessment before introducing major regulatory changes, remains in force. He urged the regulators to comply with the directive to ensure that future policies promote regulatory certainty, protect consumers and support the continued growth of Nigeria’s telecommunications industry.
