Airtime Lending: Court Upholds Injunction, Dismisses FCCPC Application

A Federal High Court sitting in Lagos has rejected a fresh attempt by the Federal Competition and Consumer Protection Commission (FCCPC) to lift an interim injunction stopping it from enforcing aspects of its 2025 DEON Regulations on members of the Wireless Application Service Providers Association of Nigeria (WASPAN).

The injunction, granted by Justice A. Lewis-Allagoa on April 15 following an ex parte application by WASPAN, restrains the commission from implementing the contested provisions pending the determination of the case.

During proceedings on April 28, FCCPC asked the court to either move ahead with the hearing or vacate the interim order.

WASPAN opposed the move, stating that it had only just been served with the commission’s preliminary objection and required time to respond in line with due process. The association also argued that removing the injunction would allow FCCPC to enforce regulations whose legality is still being challenged in court.

In his ruling, Justice Lewis-Allagoa refused to set aside the injunction and directed that both the substantive suit and FCCPC’s preliminary objection be heard together.

The court adjourned the matter to May 15, 2026, while maintaining that the restraining order remains valid.

The decision ensures continued protection for mobile service providers offering airtime credit, data advances, and related services until the court reaches a final decision.

WASPAN has argued that certain provisions of the FCCPC regulations go beyond its legal authority, overlap with the Nigerian Communications Commission’s jurisdiction, and could impose unlawful obligations on telecom service providers.

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