The Wireless Application Service Providers Association of Nigeria (WASPAN) has called on the Federal Competition and Consumer Protection Commission (FCCPC) to respect court orders in an ongoing airtime dispute. The association expressed concern over reports published in national newspapers on June 6, 2026, which it says contain claims attributed to FCCPC sources that fundamentally misrepresent the parties involved in litigation over the Digital, Electronic, Online or Non-Traditional (DEON) Consumer Lending Regulations 2025.
WASPAN Clarifies Legal Action
In a statement, the Chairman of WASPAN's Regulatory and Partnership arm, Osa Umweni, clarified that WASPAN, an association of Nigerian value-added service providers, filed Suit No. FHC/L/CS/760/2026 before the Federal High Court in Lagos. The association is represented by Kemi Pinheiro of Pinheiro LP. According to Umweni, on April 15, 2026, Justice Ambrose Lewis-Allagoa granted four interim injunction orders restraining the FCCPC from enforcing or implementing disputed provisions of the DEON Regulations against WASPAN's members. The orders also bar the FCCPC from interfering with their services, imposing sanctions for non-compliance, or issuing any directive under the framework.
Umweni noted that on April 28, the FCCPC applied to have the injunction discharged, but the court refused, and the order remains in full force. He emphasized that characterizing the litigation as an attempt by any single foreign entity to obstruct market reform is false. WASPAN's membership comprises Nigerian-registered companies holding valid NCC licenses. The suit was filed to protect the rights of those members and the tens of millions of Nigerian consumers who depend on their services. Any suggestion to the contrary is a deliberate misrepresentation of the court record.
Concerns Over FCCPC Actions
WASPAN also expressed concern about reports that the FCCPC has expanded its list of approved operators under the DEON framework from five to nine firms, despite publicly announcing the suspension of DEON enforcement on May 22, 2026, which the Commission itself described as compliance with the court's order. The association stated that 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 its undertakings to the court and the Nigerian public.
WASPAN reiterates its call for the FCCPC to fully and substantively comply with the orders of the Federal High Court, not merely in public statements. According to the association, 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.
Call for Respect and Constructive Engagement
WASPAN further called on the FCCPC to cease using public channels to attack, mischaracterize, and delegitimize industry associations and their members for exercising their constitutional right to seek judicial protection. It noted that the right of any Nigerian entity to approach the courts is not an act of obstruction; it is a fundamental safeguard guaranteed under the 1999 Constitution, and no regulatory agency is entitled to punish or stigmatize those who exercise it.
WASPAN expressed commitment to constructive engagement with all regulatory bodies, including the FCCPC, on matters of consumer protection and market development. That engagement, it said, must take place within the bounds of the law, with respect for judicial authority, and based on accurate facts rather than fabricated narratives designed to prejudice the public against parties whose rights the courts have already sought to protect.
