WASPAN Appeals Ruling on FCCPC's Digital Lending Powers, Cites NCC's Exclusive Authority

The Wireless Application Service Providers Association of Nigeria (WASPAN) is taking its fight to the Court of Appeal, challenging a Federal High Court decision that largely favored the Federal Competition and Consumer Protection Commission (FCCPC) in the digital lending market.

WASPAN argues the lower court's judgment is flawed, particularly its upholding of the FCCPC's Digital Economy and Online Non-Interest (DEON) Consumer Lending Regulations as applicable to telecom operators. The association contends these regulations overstep the exclusive regulatory powers granted to the Nigerian Communications Commission (NCC) under the Nigerian Communications Act.

At the heart of the appeal is WASPAN's assertion that the trial court misinterpreted the Federal Competition and Consumer Protection Act (FCCPA). While the court acknowledged the FCCPC lacks licensing powers and cannot usurp the NCC's functions, it still upheld the DEON regulations. WASPAN finds these findings irreconcilable, arguing that the FCCPA's scope is limited where sector-specific laws like the Communications Act apply.

The association further objects to a specific provision requiring its members to obtain FCCPC approval before offering lending services, viewing it as an unlawful licensing requirement. WASPAN insists the NCC holds sole responsibility for competition and consumer protection within the telecommunications sector, excluding the FCCPC from this domain.