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

Contempt proceedings initiated by the Wireless Application Service Providers Association of Nigeria (WISPAN) against the Federal Competition and Consumer Protection Commission (FCCPC) have been dismissed by the Federal High Court in Lagos. Justice Ambrose Lewis-Allagoa struck out the application after both parties informed the court that the issues surrounding the committal proceedings had been amicably resolved.

The underlying suit, marked FHC/L/CS/760/2026, centers on WISPAN's challenge to the FCCPC's 2025 Digital, Electronic, Online and Non-Traditional Consumer Lending Guidelines. WISPAN alleges that these regulations unlawfully extend the FCCPC's regulatory powers into sectors already overseen by other agencies, specifically mentioning the Nigerian Communications Commission (NCC) and the Central Bank of Nigeria (CBN).

During the proceedings, FCCPC counsel Olufunke Aboyade SAN argued that the regulations have been in effect since July 2025 and questioned the delay in WISPAN's challenge. She also contended that WISPAN failed to adhere to statutory pre-action notice requirements and that the regulations were designed to protect consumers. Conversely, WISPAN's legal team, led by Kemi Pinheiro SAN, opposed the FCCPC's preliminary objection, arguing that the commission relied on unsubstantiated factual allegations and that constitutional provisions for court access override technical objections like pre-action notices, especially when alleging imminent regulatory harm.

WISPAN is urging the court to nullify parts of the DEON Regulations, asserting that the FCCPC has exceeded its statutory mandate by encroaching on the regulatory domains of the NCC and CBN. The association also accused the FCCPC of inconsistent legal stances, challenging jurisdiction while seeking relief from the same court.