A Federal High Court sitting in Lagos has fixed May 15, 2026, for the hearing of a substantive suit challenging the authority of the Federal Competition and Consumer Protection Commission (FCCPC) to regulate airtime lending services.

The court also issued a Form 45 Notice of Consequences of Disobedience to Order of Court against the Executive Vice Chairman of the FCCPC, Mr. Tunji Bello, warning of possible imprisonment if the commission fails to comply with an existing court order made on April 15, 2026.

The notice, issued in Suit No: FHC/L/CS/760/2026 between the Wireless Application Service Providers Association of Nigeria (WASPAN) and the FCCPC, signals the commencement of recommittal proceedings over alleged disobedience of the court’s directive.

The April 15 order had restrained the FCCPC from enforcing provisions of the Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations (DEON Regulations) 2025 against WASPAN members, pending the determination of the suit.

“Take notice that unless you obey the directions contained in the order of this Honourable Court… you will be guilty of contempt of court and will be liable to be committed to prison.”

Justice Ambrose Lewis-Allagoa, who is presiding over the matter, reaffirmed that the interim injunction remains in force and directed that both the substantive suit and the FCCPC’s preliminary objection be heard together on the adjourned date.

At the previous hearing, the court declined the FCCPC’s request to vacate the restraining order, opting instead to maintain the status quo in order to preserve the rights of providers of airtime lending, data advances, and other mobile value-added services.

WASPAN is challenging the FCCPC’s authority to regulate telecom-based lending, arguing that aspects of the DEON Regulations exceed the commission’s statutory mandate and encroach on the jurisdiction of the Nigerian Communications Commission (NCC).

The association also opposed efforts to lift the injunction, insisting that doing so would permit the enforcement of regulations whose legality remains under judicial scrutiny. (The Guardian)

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