Court Puts On Hold Judgment Over FCCPC Digital Lending Regulations

The Federal High Court in Lagos has scheduled July 20, 2026 for judgment in a suit filed by the Wireless Application Service Providers Association of Nigeria, WASPAN, against the Federal Competition and Consumer Protection Commission, FCCPC, over the introduction of the consumer lending regulations.

Justice A.L. Allagoa was told on Monday that lawyers to both parties adopted their final written addresses in the suit marked FHC/L/CS/760/2026 at the court’s Ikoyi division.

The case relates to the legality of the Digital, Electronic, Online and Non-traditional Consumer Lending Regulations also known as the DEON Regulations issued by the FCCPC.

The arguments during the proceedings focused on the extent of the FCCPC’s powers in Nigeria’s digital economy and telecommunications sector.

The parties were not in court but were represented by Kemi Pinheiro SAN, Chukwudi Enebeli SAN, Muyiwa Odubela and Pelumi Agbeyo for WASPAN, and Olufunke Aboyade SAN for the FCCPC with A. Aribisala, B. Alexander and I.M. Balogun.

At the outset of proceedings lawyers told the court that matters relating to earlier contempt proceedings had been resolved amicably.

The plaintiff then withdrew its Form 49 contempt proceedings commenced by it prior to the update and the application was struck out.

The hearing then moved to the preliminary objection of the FCCPC on the competence of the suit.

Aboyade argued the objection and queried why the action was only being brought now when the DEON Regulations had been in operation since July 2025.

She said the regulations were designed to protect consumers and that WASPAN had not followed mandatory statutory pre-action notice requirements before going to court.

But Pinheiro urged the court to discount the objection, saying that the FCCPC introduced disputed facts without affidavit evidence to support them.

He said issues of delay and alleged procedural non-compliance could not be competently raised through written submissions alone.

The senior advocate further submitted that constitutional rights to access to court would prevail over technical objections to pre-action notices where a party alleges imminent regulatory injury.

Pinheiro also accused the FCCPC of taking contradictory legal positions, by challenging the jurisdiction of the court, but at the same time seeking affirmative relief from the same court.

WASPAN asked the court to declare certain provisions of the DEON Regulations as ultra vires on the grounds that the FCCPC acted beyond its statutory powers.

The plaintiff argued that while the FCCPC has the power to make regulations under its enabling law, such powers are restricted to consumer protection matters and cannot supersede sector-specific laws regulating telecommunications and financial services.

Mr. Pinheiro specifically argued that the FCCPC was trying to exercise powers already vested in the Nigerian Communications Commission, NCC and, the Central Bank of Nigeria, CBN.

He further argued that subsidiary legislation cannot override Acts of the National Assembly, maintaining that the disputed regulations are in conflict with provisions of the Nigerian Communications Act and the Central Bank of Nigeria Act.

In defence of the regulations, the FCCPC argued that its statutory powers cut across sectors where issues of consumer rights and market competition arise.

Aboyade further submitted that defendants in originating summons proceedings are entitled to raise and argue independent legal issues in response to claims before the court.

WASPAN, in its final address, urged the court to discount documentary exhibits tendered by the FCCPC, saying that the materials lacked evidential value and did not establish any direct link between alleged loan shark activities and members of the association.

Justice Allagoa after listening to arguments from both sides adjourned the matter till July 20 for judgment.