FCCPC, WASPAN Resolve Contempt Dispute as Court Reserves Judgment in Regulatory Suit

Wale Igbintade

The Federal High Court in Lagos has struck out contempt proceedings initiated by the Wireless Application Service Providers Association of Nigeria (WISPAN) against the Federal Competition and Consumer Protection Commission (FCCPC) after parties informed the court that issues surrounding the committal proceedings had been resolved.

Justice Ambrose Lewis-Allagoa subsequently struck out the contempt application after counsel informed the court that issues surrounding the committal proceedings had been amicably resolved.

The suit, marked FHC/L/CS/760/2026, centres on WASPAN’s challenge to the FCCPC’s Digital, Electronic, Online and Non-Traditional Consumer Lending Guidelines, 2025 (DEON Regulations), which the association alleged unlawfully extend the Commission’s regulatory powers into sectors already supervised by other agencies.

At the proceedings yesterday, Kemi Pinheiro SAN led the Plaintiff’s team alongside Chukwudi Enebeli SAN, while Olufunke Aboyade SAN represented the FCCPC.

At the commencement of proceedings, counsel to the FCCPC informed the court that discussions between the parties had resolved issues relating to the contempt proceedings, thereby paving the way for the hearing of substantive applications in the suit.

Following the development, Pinheiro formally withdrew the Form 49 contempt proceedings earlier filed by WASPAN, prompting the court to strike out the application.

The matter then proceeded to the hearing of the FCCPC’s preliminary objection challenging the competence of the suit.

Aboyade argued that the DEON Regulations had been in operation since July 2025 and questioned why the Plaintiff waited until now to challenge them.

She maintained that the regulations were introduced to protect consumers and further contended that WASPAN failed to comply with statutory pre-action notice requirements before instituting the suit.

Pinheiro, however, opposed the objection, arguing that the FCCPC relied on factual allegations unsupported by affidavit evidence.

According to him, issues relating to delay and procedural non-compliance cannot validly be raised through mere written submissions without evidential backing.

He further argued that constitutional provisions guaranteeing citizens access to the courts override technical objections relating to pre-action notices, particularly where a litigant alleges imminent regulatory harm.

Pinheiro also accused the FCCPC of adopting inconsistent legal positions by challenging the court’s jurisdiction while simultaneously seeking judicial reliefs from the same court.

On the substantive issues, WASPAN urged the court to nullify portions of the DEON Regulations, contending that the FCCPC exceeded its statutory mandate.

The association argued that the Commission was attempting to exercise regulatory powers already vested in the Nigerian Communications Commission (NCC) and the Central Bank of Nigeria (CBN) under existing laws.

WASPAN further maintained that subsidiary legislation cannot stand where it conflicts with Acts of the National Assembly.

In response, the FCCPC defended its powers, insisting that its enabling law grants the Commission authority across sectors where consumer protection issues arise.

Aboyade also argued that defendants in originating summons proceedings are entitled to formulate independent legal issues in defence of claims brought before the court.

During final submissions, the Plaintiff challenged documentary exhibits tendered by the FCCPC, arguing that the materials lacked evidential credibility and failed to establish any direct nexus between alleged activities of “loan sharks” and members of WASPAN.

After hearing arguments from both sides, Justice Allagoa adjourned the matter until July 20, 2026, for judgment.