The Wireless Application Service Providers Association of Nigeria (WASPAN) has warned that more than 40 million Nigerians who depend on airtime borrowing services could face another disruption if the Federal Competition and Consumer Protection Commission (FCCPC) resumes full enforcement of its Digital, Electronic, Online or Non-Traditional Consumer Lending (DEON) Regulations 2025 before an appeal is decided.
The warning is contained in an affidavit filed by WASPAN Chairman, Ayo Stuffman, in support of the association’s application for an injunction pending the outcome of its appeal against a July 20 judgment of the Federal High Court in Lagos, which upheld the FCCPC’s authority to implement the DEON Regulations.
The legal dispute centres on whether the FCCPC has the power to regulate telecom-based airtime lending services or whether that responsibility belongs solely to the Nigerian Communications Commission (NCC) under the Nigerian Communications Act, 2003.
Following the court ruling, WASPAN filed a notice of appeal on July 21, asking the Court of Appeal to stop the FCCPC from enforcing the regulations until the appeal is determined.
According to Stuffman, the association became concerned after the FCCPC announced that the regulations had become “fully operational and enforceable” following the court’s judgment.
“I know for a fact that unless restrained by the orders of this court, the defendant will proceed to enforce the said regulations against members of the plaintiff,” Stuffman stated.
He warned that immediate enforcement could expose operators to sanctions, create regulatory uncertainty and disrupt airtime borrowing services used by millions of Nigerians, especially low-income earners, traders, artisans and other people in the informal sector.
WASPAN argued that its members are already facing additional regulatory requirements that interfere with their operations under the NCC, which it described as their primary regulator. The association also maintained that enforcing the regulations before the appeal is heard could undermine the entire legal process.
Industry stakeholders estimate Nigeria’s airtime lending market to be worth between ₦300 billion and ₦400 billion annually, with about 40 million subscribers relying on the service.
Meanwhile, the FCCPC insisted it would continue enforcing the regulations following the court’s decision.
“Now that the court has affirmed the validity of the DEON Regulations, the commission will continue to discharge its statutory responsibilities faithfully, professionally and in accordance with the law,” said the Commission’s Director of Corporate Affairs, Ondaje Ijagwu.
