Facts:

The Federal Competition and Consumer Protection Commission (FCCPC, the 2nd Defendant) by a letter dated the 17th day of May 2024 notified MTN Nigeria Communications PLC (the 3rd Defendant) that it has initiated a Limited Initial Inquiry and Possible Prospective Investigation (LIIPPI) pursuant to its regulatory mandate to evaluate certain arrangements that may constitute infringements of the Federal Competition and Consumer Protection Act. The 2nd Defendant had requested in its letter that the 3rd Defendant submits several internal and private documents including its minutes of meeting, company resolutions, extension records and others. The 3rd Defendant acknowledged receipt of the 2nd Defendant’s letter and Summons and requested an extension of the compliance timeline. The 2nd Defendant granted an initial 14-day extension until 18 June 2024, followed by a further extension to 24 June 2024.

The Plaintiff, Emeka Nnubia, a shareholder in of the 3rd Defendant became aggrieved by the request of the FCCPC and filed an originating motion claiming that the 2nd Defendant has not provided any legitimate reason for which the 2nd Defendant was acting upon. It was the case of the Plaintiff that the 2nd Defendant lacked the statutory right to have requested such important and private information from the 3rd Defendant. The Plaintiffs action sought to nullify FCCPC’s summons, notices to produce, and all regulatory actions related to the investigation. Additionally, he claimed that the data requested by FCCPC constituted personal data and should not be subject to disclosure. The 3rd Defendant then declined to comply with the summons stating that there is a pending lawsuit seeking to set aside the summons.