The Wireless Application Service Providers Association of Nigeria (WASPAN) has asked a Federal High Court in Lagos to suspend the enforcement of the Federal Competition and Consumer Protection Commission’s (FCCPC) Digital, Electronic, Online or Non-Traditional Consumer Lending (DEON) Regulations 2025 pending the determination of its appeal.

The application follows the court’s dismissal of the association’s substantive suit challenging the regulations, although the court made significant findings on the respective regulatory powers of the FCCPC and the Nigerian Communications Commission (NCC).

In its earlier judgment, Justice Ambrose Lewis-Allagoa held that WASPAN’s suit disclosed a reasonable cause of action and that the association had complied with the required pre-action notice.

The court also ruled that the dispute, being one involving the interpretation of legislation rather than a claim for damages, was properly before it.

On the substantive issues, however, the court found that the FCCPC is empowered under the Federal Competition and Consumer Protection Act to investigate anti-competitive practices, protect consumers and make regulations.

The judge further ruled that there was no conflict between the Federal Competition and Consumer Protection Act and the Nigerian Communications Act, holding that while the FCCPC oversees competition and consumer protection matters, the NCC retains its statutory responsibility for licensing telecommunications operators.

The court also clarified that the DEON Regulations do not amount to telecommunications licensing and that the FCCPC lacks the authority to issue telecom licences.

Following the judgment, WASPAN filed a notice of appeal and is now seeking an interim injunction restraining the FCCPC from enforcing or implementing the DEON Regulations until the appeal is decided.

The association also urged the court to prevent the commission from interfering with services provided by its members under the regulations or imposing sanctions, penalties or fines for alleged non-compliance during the pendency of the appeal.

According to WASPAN, the requested orders are necessary to preserve the subject matter of the appeal and prevent actions that could render the appellate proceedings ineffective.

The appeal is expected to further test the extent of the FCCPC’s regulatory authority and its relationship with the NCC in the regulation of Nigeria’s telecommunications sector.