A Federal High Court sitting in Lagos has declined an application by the Federal Competition and Consumer Protection Commission (FCCPC) seeking to vacate an interim injunction restraining it from enforcing disputed provisions of the Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations (DEON Regulations) 2025 against members of the Wireless Application Service Providers Association of Nigeria (WASPAN).
Presiding Judge, Justice A. Lewis-Allagoa, in Suit No: FHC/L/CS/760/2026, had earlier on April 15 granted an interim injunction following an ex parte motion filed on April 14 by WASPAN.
The order restrained the FCCPC, its officers, agents, and representatives from implementing or giving effect to the contested regulations pending further hearing of the case.
At the resumed hearing on April 28, 2026, which was initially scheduled for the hearing of WASPAN’s motion on notice for interlocutory injunction, the FCCPC urged the court to either proceed with the substantive hearing immediately or discharge the existing interim order.
However, WASPAN opposed the request, arguing that the commission had only recently served its preliminary objection and that due process required adequate time to respond.
The association further contended that lifting the restraining order would effectively allow the regulator to enforce provisions whose legality is still under judicial consideration.
After listening to both parties, Justice Lewis-Allagoa refused the FCCPC’s application to discharge the injunction and ordered that the substantive suit and the commission’s preliminary objection be heard together.
The matter was adjourned to May 15, 2026, with the court affirming that the interim injunction remains in force.
The ruling maintains the legal protection currently enjoyed by mobile value-added service providers involved in airtime lending, data advance, and related digital consumer services, pending final determination of the case.
WASPAN has maintained that while consumer protection is important, certain provisions of the FCCPC regulations allegedly exceed its statutory powers, conflict with the Nigerian Communications Commission’s regulatory mandate, and could impose unlawful compliance burdens on licensed telecom-based service providers.
Elijah Adeyemi
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