Wireless Service Providers Clarify Litigation With FCCPC

The Wireless Application Service Providers Association of Nigeria (WASPAN) has refuted claims in the ongoing litigation with the Federal Competition and Consumer Protection Commission (FCCPC) over the DEON Consumer Lending Regulations 2025 and the nature of the dispute before the Federal High Court.

In a statement signed by chairman, Regulatory and Partnership, Wireless Application Service Providers Association of Nigeria, Osa Umweni explained that,’’ It was WASPAN, an association of Nigerian value-added service providers, that filed Suit No. FHC/L/CS/760/2026 before the Federal High Court in Lagos, represented by Kemi Pinheiro (SAN).’’

He said ‘’On 15th April, 2026, Justice Ambrose Lewis-Allagoa granted four orders of interim injunction restraining the FCCPC from enforcing or implementing the disputed provisions of the DEON Regulations against WASPAN’s members, from interfering with their services, from imposing sanctions for non-compliance, and from issuing any directive under the framework. On 28th April, the FCCPC applied to have the injunction discharged; the court refused and the order remains in full force.’’

According to the association the characterisation of this litigation as an attempt by any single foreign entity to obstruct market reform is false, adding that WASPAN’s membership comprises Nigerian-registered companies holding valid NCC licences.

The association further clarified that the suit was filed to protect the rights of those members and the tens of millions of Nigerian consumers who depend on their services, saying any suggestion to the contrary is a deliberate misrepresentation of the court record.

‘’WASPAN is equally concerned about reports that the FCCPC has expanded its list of approved operators under the DEON framework from five to nine firms, despite having publicly announced the suspension of DEON enforcement on 22 May 2026, which the Commission itself described as compliance with the court’s order.

‘’The continued creation of commercial rights under a regulatory framework subject to active judicial restraint and administrative suspension raises serious questions about the Commission’s commitment to the undertakings it has made to the court and the Nigerian public.

‘’WASPAN reiterates its call for the FCCPC to fully and in substance comply with the orders of the Federal High Court, not merely in public statements. A court order is not a communications instrument to be acknowledged when convenient and disregarded when inconvenient. It is a binding judicial directive, and the Commission’s officers are personally accountable for its observance.

‘’WASPAN further calls on the FCCPC to cease using public channels to attack, mischaracterise, and delegitimise industry associations and their members for exercising their constitutional right to seek judicial protection.’’