Millions of Nigerian telecom subscribers who depend on emergency airtime and data credit will know the fate of airtime lending services on Monday, July 20, 2026.

This is because the Federal High Court in Ikoyi, presided over by Justice Ambrose Lewis-Allagoa, is set to deliver judgment in a landmark suit that will determine which agency has the legal authority to regulate airtime lending in Nigeria: the Federal Competition and Consumer Protection Commission (FCCPC) or the Nigerian Communications Commission (NCC).

The suit, marked FHC/L/CS/760/2026, was filed by the Wireless Application Service Providers Association of Nigeria (WASPAN) against the FCCPC over its Digital, Electronic, Online, or Non-Traditional Consumer Lending (DEON) Regulations 2025.

Through its counsel, Kemi Pinheiro, SAN, WASPAN is asking the court to declare that the FCCPC exceeded its statutory powers by attempting to regulate telecommunications-based Value Added Services (VAS), including airtime and data lending services, which are already supervised by the NCC under the Nigerian Communications Act, 2003.

The association is also seeking an order nullifying the DEON Regulations 2025 as they apply to its members, as well as a perpetual injunction restraining the FCCPC from enforcing the regulations, imposing sanctions, or interfering with their operations.

WASPAN argued that the regulations were introduced without adequate stakeholder consultation, coordination with the NCC, or the mandatory Regulatory Impact Assessment.

The dispute began after the FCCPC started enforcing the DEON framework, prompting MTN, Airtel and Globacom to suspend airtime lending services nationwide, temporarily cutting off millions of subscribers from accessing emergency credit.

The court subsequently granted an interim injunction restraining the FCCPC from enforcing the regulations, after which the commission suspended enforcement and the operators restored the services.

The dispute also led to contempt proceedings, with Justice Lewis-Allagoa issuing a Form 45 Notice of Consequences of Disobedience to Court Order against the FCCPC’s Executive Vice Chairman, Tunji Bello, over an alleged violation of the interim order.

The FCCPC, however, maintained that it complied with the court order by suspending enforcement.

Backing WASPAN, the Association of Licensed Telecommunications Operators of Nigeria (ALTON) argued that airtime credit is not a conventional loan but a critical component of the country’s telecommunications infrastructure.

ALTON Chairman, Gbenga Adebayo, said the FCCPC’s action threatened an ecosystem worth between ₦300 billion and ₦400 billion annually and could undermine investor confidence.

The FCCPC, on its part, insisted that airtime borrowing is a consumer microloan and falls within its consumer protection mandate under the Federal Competition and Consumer Protection Act, 2018.

The commission said the DEON Regulations were introduced to curb exploitative lending practices, promote transparency, and strengthen data privacy in Nigeria’s digital lending space. (Nigerian Tribune)

Update news