Telcos demand FCCPC, NCC framework to prevent airtime credit disruptions

By Abubakar Yunus

Telecommunications operators have urged the Federal Competition and Consumer Protection Commission and the Nigerian Communications Commission to urgently develop a clear regulatory framework for airtime and data credit services, warning that millions of Nigerians could face fresh disruptions if both agencies fail to properly coordinate their responsibilities.
The operators said the appeal followed a recent Federal High Court judgment which affirmed the FCCPC’s powers over consumer protection in the airtime and data credit market while preserving the NCC’s exclusive mandate on telecommunications licensing and technical regulation.
The Association of Licensed Telecommunications Operators of Nigeria said the judgment should pave the way for stronger collaboration between the two regulators to eliminate regulatory uncertainty that previously forced operators to suspend airtime and data credit services.
ALTON Chairman, Gbenga Adebayo, said the industry was not challenging the authority of either regulator but was seeking a clearly defined operational framework before further regulatory actions.
He said, “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 warned that regulatory certainty had become imperative because millions of Nigerians rely on airtime and data credit services for their daily communication needs.
He added, “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 also called on both agencies to consult industry stakeholders before introducing policies capable of affecting consumer access to airtime and data credit services.
According to him, the Presidential Enabling Business Environment Council’s directive requiring Regulatory Impact Assessments before major policy changes should be strictly observed to minimise unintended consequences for businesses and consumers.
The renewed appeal comes months after major mobile network operators temporarily suspended airtime and data borrowing services following the implementation of the FCCPC’s Digital, Electronic, Online and Non-Traditional Consumer Lending Regulations, affecting millions of subscribers across the country.
In its judgment, the Federal High Court held that while the FCCPC has powers over competition and consumer protection in the digital lending ecosystem, it cannot assume the NCC’s statutory responsibility for licensing telecommunications operators.
Justice Ambrose Lewis-Allagoa ruled that both agencies must operate within their respective statutory mandates, describing their relationship as one of “coexistence, not displacement.”
Industry stakeholders said the judgment provides long-awaited legal clarity but stressed that effective implementation would depend on closer collaboration between the FCCPC and the NCC to guarantee uninterrupted access to airtime and data credit services for Nigerian subscribers.