The federal high court in Abuja has restrained MTN Nigeria
and Airtel Networks Limited from suspending or restricting services provided to
Nairtime Nigeria Limited pending the determination of a substantive suit
challenging regulatory actions linked to digital lending operations.
In a ruling delivered on April 24, the court granted an
interim injunction following an ex parte application filed by Nairtime Holdings
Limited and Nairtime Nigeria Limited over what they described as a threatened
disruption of their business operations by the telecom operators.
In suit number FHC/ABJ/CS/779/2026, the plaintiffs argued
that the defendants intended to suspend, discontinue, or otherwise interfere
with their access to telecommunications platforms, including USSD channels,
SMS, short codes, and billing services, based on directives allegedly arising
from the Digital, Electronic, Online or Non-Traditional Consumer Lending
Regulations 2025.
The plaintiffs said such actions would constitute unlawful
interference with their contractual rights and business operations, noting that
they are licensed value-added service providers operating under approvals
issued by the Nigerian Communications Commission (NCC).
Ruling on the motion, the court granted an order restraining
the telecom firms from disrupting the plaintiff’s operations during the
subsistence of its licence.
“An order of interim injunction restraining the 1st and 2nd
defendants/respondents, whether by themselves, their officers, servants,
agents, or privies from suspending, restricting, discontinuing, or otherwise
interfering with the access of the 2nd plaintiff to their platforms, channels,
short codes, SMS, USSD, billing services and other telecommunications-enabled
services during the subsistence of the 2nd plaintiff’s valid licence issued by
the Nigerian Communications Commission,” the court ordered.
The court further held that telecom operators could not set
aside agreed contractual notice periods and dispute-resolution mechanisms in a
bid to comply with new regulatory directives, and directed that the status quo
be maintained pending the determination of the substantive suit.
Airtime credit services, including MTN’s XtraTime and
Airtel’s data credit offerings, were suspended in mid-April after both
operators cited compliance obligations under the new regulatory framework
introduced by the Federal Competition and Consumer Protection Commission
(FCCPC).
The FCCPC introduced the Digital, Electronic, Online or
Non-Traditional Consumer Lending (DEON) Regulations in July 2025, extending a
licensing regime to cover digital and non-traditional consumer lending
services, including airtime and data credit offerings.
However, industry stakeholders, including the association,
have argued that the commission exceeded its statutory mandate, maintaining
that services delivered over telecom infrastructure licensed by the NCC fall
within the regulatory jurisdiction of the telecoms regulator under the Nigerian
Communications Act 2003.
The Association of Licensed Telecoms Operators of Nigeria
(ALTON) estimated that the airtime lending market is worth between N300 billion
and N400 billion annually.
The FCCPC had said that it did not ban airtime credit
services, insisting that the suspensions were commercial decisions taken by the
telecom operators.
By
TheTimes Nigeria
