Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos will today (Monday), July 20, 2026, deliver judgement in a case that could redefine the regulation of airtime and data credit services in the country. The judgement will determine the fate of millions of Nigerian telecom subscribers on the future of airtime lending services.
The suit, marked FHC/L/CS/760/2026, was filed by the Wireless Application Service Providers Association of Nigeria (WASPAN) against the Federal Competition and Consumer Protection Commission (FCCPC), challenging the commission’s Digital, Electronic, Online or Non-Traditional Consumer Lending (DEON) Regulations 2025.
The case is expected to determine whether the FCCPC has the legal authority to regulate telecommunications-based Value Added Services (VAS), including airtime and data lending, or whether such services fall exclusively under the Nigerian Communications Commission (NCC) in line with the Nigerian Communications Act, 2003.
The proceedings in the suit are being closely monitored by telecommunications operators, regulators and an estimated 40 million subscribers who depend on airtime borrowing services, particularly traders, artisans, transport operators, students and other low-income earners who rely on emergency airtime credit.
In the substantive suit, filed by Senior Advocate of Nigeria (SAN) Kemi Pinheiro, WASPAN is asking the court to declare that the FCCPC exceeded its statutory powers by attempting to regulate telecommunications-based Value Added Services already supervised by the NCC. The association is also seeking an order declaring that the DEON Regulations 2025 cannot lawfully apply to licensed Value Added Service providers operating under the NCC’s regulatory framework.
Among other reliefs, the plaintiffs want the court to issue a perpetual injunction restraining the FCCPC from enforcing the regulations against its members, imposing administrative sanctions or interfering with their operations under the disputed framework.
WASPAN further urged the court to invalidate the regulations, arguing that they were introduced without adequate stakeholder consultations, coordination with the NCC or the mandatory Regulatory Impact Assessment.
