The Federal High Court in Lagos has fixed July 20, 2026, for judgment in a suit by the Wireless Application Service Providers Association of Nigeria, WASPAN, against the Federal Competition and Consumer Protection Commission, FCCPC, over the introduction of the consumer lending regulations.
Justice A.L. Allagoa was informed that lawyers to both parties adopted their final written addresses in the suit marked FHC/L/CS/760/2026 at the court’s Ikoyi division on Monday.
The case is about the legality of the Digital, Electronic, Online and Non-traditional Consumer Lending Regulations also known as the DEON Regulations issued by the FCCPC.
In the course of the proceedings, the arguments centered on the extent of the FCCPC’s powers within Nigeria’s digital economy and telecommunications sector.
The parties were absent in court, but were represented by Kemi Pinheiro SAN, Chukwudi Enebeli SAN, Muyiwa Odubela and Pelumi Agbeyo for WASPAN, and Olufunke Aboyade SAN for the FCCPC with A. Aribisala, B. Alexander and I.M. Balogun.
At the start of proceedings lawyers told the court that matters relating to earlier contempt proceedings had been resolved amicably.
The plaintiff thereafter withdrew the Form 49 contempt proceedings initiated by it prior to the update, and the court struck out the application.
The hearing then proceeded to the preliminary objection of the FCCPC on the competence of the suit.
The objection was argued by Aboyade who queried why the action was only brought now when the DEON Regulations had been in operation since July 2025.
She argued that the regulations were put in place to protect consumers and said WASPAN had not complied with mandatory statutory pre-action notice requirements before going to court.
But Pinheiro asked the court to dismiss the objection, stating that the FCCPC brought in disputed facts without affidavit evidence to support them.
He said issues of delay and alleged procedural non-compliance could not be competently raised by way of written submissions alone.
The senior advocate further submitted that constitutional rights to access to court would trump technical objections to pre-action notices where a party alleges imminent regulatory injury.
Pinheiro also accused the FCCPC of taking conflicting legal positions by challenging the court’s jurisdiction while seeking affirmative relief from the same court.
On the merit, WASPAN prayed the court to strike down parts of the DEON Regulations, arguing that the FCCPC acted beyond its statutory powers.
The plaintiff submitted that although the FCCPC has powers to make regulations under its enabling law, such powers are limited to consumer protection matters and cannot override sector-specific laws governing telecommunications and financial services.
Mr. Pinheiro specifically argued that the FCCPC was trying to exercise powers already vested in the Nigerian Communications Commission, NCC, and the Central Bank of Nigeria, CBN.
He further argued that subsidiary legislation cannot override Acts of the National Assembly, maintaining that the disputed regulations are in conflict with provisions of the Nigerian Communications Act and the Central Bank of Nigeria Act.
In defence of the regulations, the FCCPC maintained that its statutory powers cut across sectors where issues of consumer rights and market competition arise.
Aboyade also argued that defendants in originating summons proceedings are entitled to raise and argue independent legal issues in response to claims before the court.
In final exchanges, WASPAN urged the court to discount documentary exhibits tendered by the FCCPC, saying that the materials lacked evidential value and did not establish any direct link between alleged loan shark activities and members of the association.
Justice Allagoa after hearing arguments from both sides adjourned the matter till July 20 for judgment.
