Federal High Court in Lagos Issues Contempt Warning to FCCPC in Airtime Lending Regulation Suit

The legal battle over the regulation of airtime lending services intensified on Wednesday after the Federal High Court in Lagos issued a contempt warning against the leadership of the Federal Competition and Consumer Protection Commission (FCCPC), while fixing May 15, 2026, for hearing of the substantive suit.

Contempt Proceedings Initiated

In a Form 45 notice, formally titled Notice of Consequences of Disobedience to Order of Court, the court warned the FCCPC’s Executive Vice Chairman, Mr. Tunji Bello, of possible imprisonment if the commission fails to comply with its earlier order issued on April 15, 2026.

The notice, filed in Suit No: FHC/L/CS/760/2026 between the Wireless Application Service Providers Association of Nigeria (WASPAN) and the FCCPC, marks the commencement of contempt (recommittal) proceedings over the alleged breach of the court’s directive.

“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 liable to be committed to prison,” the notice stated.

Interim Injunction Remains in Force

The April 15 order had restrained the FCCPC from enforcing provisions of the Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations (DEON Regulations) 2025 against WASPAN members, pending the determination of the suit.

Justice A. Lewis-Allagoa reaffirmed that the interim injunction remains valid and in force, and directed that both the substantive suit and the FCCPC’s preliminary objection be heard together on May 15, 2026.

Court Preserves Status Quo

At the previous hearing, the court declined the FCCPC’s application to set aside the restraining order, opting instead to preserve the status quo in order to protect the rights of providers of airtime lending, data advances, and other mobile value-added services.

WASPAN Challenges FCCPC's Authority

WASPAN is contesting the FCCPC’s authority to regulate telecom-based lending services, arguing that key provisions of the DEON Regulations exceed the commission’s statutory mandate and encroach on the regulatory jurisdiction of the Nigerian Communications Commission (NCC). This echoes concerns in the telecom sector, as seen in recent Senate scrutiny of telecom giants like MTN.

Implications for Digital Credit Services

The case is expected to have significant implications for the regulation of digital credit services,like those involving credit mechanisms,and for millions of mobile subscribers who rely on airtime lending across Nigeria.