WASPAN Responds To FCCPC Statement, Calls For Respect of The Rule Of Law And A Constructive Industry Dialogue

Bennett Oghifo

The Wireless Application Service Providers Association of Nigeria (WASPAN) has addressed the public, regulators, industry stakeholders and the media to clarify recent developments concerning the Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations 2025 (“DEON Regulations”) and a press statement issued by the Federal Competition and Consumer Protection Commission (FCCPC).
A statement by Osa Umweni Chairman of WASPAN, said the Association is an industry association of licensed Nigerian companies that provide mobile value-added services (MVAs) to millions of Nigerians, many of whom are underserved. These services include digital content subscriptions, mobile gaming, information services, airtime lending and data advance products. Our members operate under authorisations issued by the Nigerian Communications Commission (NCC) and contribute to job creation, tax revenues and digital inclusion across Nigeria.

Court proceedings and interim orders

On 14 April 2026, WASPAN filed an Originating Summons and Motion ex parte at the Federal High Court, Lagos (Suit No. FHC/L/CS/760/2026). On 15 April 2026, the court granted the interim reliefs sought, restraining the FCCPC from enforcing or implementing specified provisions of the DEON Regulations pending further hearing.
We are concerned that the FCCPC issued a public statement on 17 April 2026 while those interim court orders were in place. Public institutions should respect and comply with court directions; the integrity of Nigeria’s legal processes and the rule of law are fundamental to regulatory credibility and investor confidence.

Why we sought judicial relief

Seeking judicial clarification was a last resort. WASPAN members are not adversaries of consumer protection. Rather, we are concerned that key provisions of the DEON Regulations: (a) exceed the FCCPC’s statutory mandate under the FCCPC Act; (b) conflict with the sector-specific remit of the NCC under the Nigerian Communications Act 2003; and (c) effectively impose licensing or approval requirements that the FCCPC does not lawfully possess. Certain provisions also raise questions about interference with commercial freedoms and contractual arrangements central to lawful service delivery.
These concerns are legal and constitutional in nature. We sought interim protection from the courts to prevent regulatory uncertainty and service disruption while these matters are fairly determined on their merits.

Response to substantive claims in the FCCPC statement

WASPAN accepts that consumer protection is an important public policy priority. We share the goal of eliminating opaque charges, unfair debt recovery practices and inadequate disclosures. However, good policy must be pursued within constitutional and statutory limits. Regulators must act within the powers conferred by the legislature and coordinate where mandates overlap.

Where the FCCPC has concerns about industry practices, we encourage it to pursue those concerns through appropriate, lawful channels and in coordination with the NCC and industry participants. Blunt characterisations of our members, including references to a “cartel,” are unhelpful and unjustified. WASPAN is an association exercising legitimate rights, including access to the courts. We reserve our legal rights in relation to any defamatory statements.

Call for constructive engagement and compliance with court orders
WASPAN urges the FCCPC to:
● Respect and comply with the interim orders of the Federal High Court pending final determination.
● Refrain from public statements that prejudge court processes or unfairly stigmatise lawful industry participants.
● Accept an immediate, good-faith meeting with WASPAN, the NCC, and other relevant stakeholders to discuss consumer protection objectives and workable regulatory approaches that are consistent with law and avoid unnecessary disruption to services and users.
We believe a cooperative, evidence-based dialogue among regulators, industry and consumer representatives will better protect Nigerian consumers and preserve a healthy, competitive digital ecosystem than a confrontational public exchange. If there are misunderstandings or legitimate concerns, those should be addressed together in the interest of Nigeria’s digital economy.

Conclusion

WASPAN remains committed to constructive engagement on consumer protection and industry best practice. We will continue to pursue our position through the legal process and remain open to collaborative solutions that protect consumers while respecting statutory mandates and business continuity.

We thank the public, media, and stakeholders for their attention and will keep them informed of material developments.