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 the ongoing airtime dispute. The association expressed concern over reports published in national newspapers on June 6, 2026, containing claims attributed to sources within the FCCPC that, it said, fundamentally misrepresent the parties involved in the ongoing litigation over the Digital, Electronic, Online or Non-Traditional (DEON) Consumer Lending Regulations 2025 and the nature of the dispute before the Federal High Court.
Clarifying the issue in a statement, the Chairman, Regulatory and Partnership Committee, WASPAN, Mr Osa Umweni, stated that it was WASPAN, an association of Nigerian value-added service providers, that filed Suit No. FHC/L/CS/760/2026 before the Federal High Court in Lagos, represented by Kemi Pinheiro of Pinheiro LP. According to him, on April 15, 2026, Justice Ambrose Lewis-Allagoa granted four interim injunctions restraining the FCCPC from enforcing or implementing the disputed provisions of the DEON Regulations against WASPAN members, interfering with their services, imposing sanctions for non-compliance, or issuing any directive under the framework.
“On April 28, the FCCPC applied to have the injunction discharged; the court refused, and the order remains in full force.”
“The characterisation of this 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 licences. 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,” he stated.
WASPAN also expressed concern over reports that the FCCPC had 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 described as compliance with the court order.
“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 the undertakings it has made to the court and the Nigerian public,” the association added.
WASPAN reiterated its call for the FCCPC to comply fully and substantively with the orders of the Federal High Court, rather than merely through 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.
WASPAN further called on the FCCPC to stop using public channels to attack, mischaracterise and delegitimise 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 stigmatise those who exercise it.
WASPAN expressed its commitment to constructive engagement with all regulatory bodies, including the FCCPC, on matters of consumer protection and market development. The association stated that such engagement 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.
