COURT WARNS FCCPC BOSS OF CONTEMPT OVER AIRTIME LENDING REGULATION DISPUTE

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RismadarVoice Reporters, May 7, 2026

The Federal High Court in Lagos on Wednesday issued a contempt warning against the leadership of the Federal Competition and Consumer Protection Commission (FCCPC) in the ongoing legal battle over the regulation of airtime lending services in Nigeria.

Justice Ambrose Lewis-Allagoa issued the warning through a Form 45 Notice of Consequences of Disobedience to Order of Court, cautioning the Executive Vice Chairman of the FCCPC, Mr Tunji Bello, that failure to comply with an existing court order could lead to imprisonment for contempt.

The notice was issued in Suit No: FHC/L/CS/760/2026 between the Wireless Application Service Providers Association of Nigeria (WASPAN) and the FCCPC.

The court stated: “Take notice that unless you obey the directions contained in the order of this Honourable Court, you will be guilty of contempt of court and will be liable to be committed to prison.”

The notice marks the commencement of recommittal proceedings over the alleged disobedience of an interim order issued by the court on April 15, 2026.

Justice Lewis-Allagoa fixed May 15, 2026, for hearing of the substantive suit and related applications.

The earlier court order had restrained the FCCPC from enforcing provisions of the Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations 2025 against members of WASPAN pending the determination of the suit.

At Wednesday’s proceedings, the judge reaffirmed that the interim injunction remained valid and binding.

“The interim order of this court subsists,” the court held, directing that the substantive suit and the FCCPC’s preliminary objection be heard together on the adjourned date.

The FCCPC had earlier asked the court to discharge the restraining order, arguing that the commission was acting within its statutory powers to protect consumers.

However, the court declined the request and maintained the status quo.

Justice Lewis-Allagoa said preserving the interim injunction was necessary to protect the rights of providers of airtime lending, data advances and other mobile value-added services pending the resolution of the substantive issues.

WASPAN is challenging the FCCPC’s authority to regulate telecom-based lending services, arguing that portions of the Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations 2025 exceed the commission’s legal powers and encroach on the jurisdiction of the Nigerian Communications Commission (NCC).

Counsel to WASPAN told the court that enforcing the disputed regulations before the conclusion of the case would prejudice its members.

“The legality of these regulations is already before the court. To allow enforcement at this stage would amount to prejudging issues yet to be determined,” the association’s lawyer argued.

The FCCPC, in response, filed a preliminary objection challenging the competence of the suit and urged the court to vacate the interim order.

The judge, however, ruled that all pending applications, including the FCCPC’s objection, would be heard alongside the substantive suit on May 15.

The outcome of the case is expected to have far-reaching implications for the regulation of digital credit services, including airtime lending and mobile financial products widely used by millions of telecom subscribers across the country.

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