Reports

Courts Halt Enforcement of Digital Lending Rules, Restore Airtime Credit Services for Millions of Nigerians

On 24 April 2026, the Federal High Court in Abuja granted an interim injunction restraining MTN Nigeria Communications Plc and Airtel Networks Limited from suspending or restricting services provided to Nairtime Nigeria Limited.

In Suit No. FHC/ABJ/CS/779/2026, the plaintiffs, Nairtime Holdings Limited and Nairtime Nigeria Limited argued that the defendants; MTN Nigeria and Airtel Networks Limited intended to suspend their access to 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 (DEON Regulations).

They contended that such actions would unlawfully interfere with their contractual rights as licensed Value Added Service providers under approvals issued by the Nigerian Communications Commission (NCC).

The court held that the telecom operators cannot override contractual notice periods or dispute‑resolution mechanisms in order to comply with new regulatory directives.

The injunction preserves Nairtime’s access to telecom platforms pending determination of the substantive suit.

The order specifically covers airtime advance and digital lending services delivered via telecom infrastructure.

Similarly, on 15 April 2026, the Federal High Court in Lagos, presided over by Justice Ambrose Lewis‑Allagoa, granted interim orders in Suit No. FHC/L/CS/720/2026 restraining the Federal Competition and Consumer Protection Commission (FCCPC) from enforcing provisions of the DEON Regulations against the Wireless Application Service Providers Association of Nigeria (WASPAN).

The court barred the FCCPC from implementing key provisions of the DEON regulations, imposing sanctions or taking steps that could hinder service providers’ operations and interfering with WASPAN members’ ability to continue offering services pending interlocutory hearing.

In mid‑April 2026, MTN and Airtel suspended airtime credit services (e.g., XtraTime and Airtel’s data credit offerings) citing compliance obligations under the DEON Regulations.

The disruption affected millions of prepaid subscribers, many of whom rely on airtime borrowing as a form of short‑term microcredit.

The DEON Regulations, introduced in July 2025, extended consumer lending oversight to airtime and data credit services. Compliance deadlines were extended twice before enforcement commenced in April 2026.

Industry stakeholders argue that the FCCPC exceeded its statutory mandate, as telecom‑enabled services fall under the NCC’s regulatory purview pursuant to the Nigerian Communications Act 2003.

Industry estimates annual transaction value of airtime lending is between ₦500 billion and ₦1.2 trillion. These services function as a critical microcredit system, supporting small businesses, artisans, and low‑income earners dependent on mobile connectivity.

The FCCPC maintains that it did not ban airtime credit services, describing the suspensions as commercial decisions by operators.

Both Abuja and Lagos matters have been adjourned for interlocutory hearings.

Stakeholders, including WASPAN, have urged compliance with subsisting court orders and called for regulatory dialogue to resolve the impasse.

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