NIGERIA Law and Practice Contributed by: Chiagozie Hilary-Nwokonko, Chukwuyere Ebere Izuogu and Priscilla Bidemi Ben-Okoh, Streamsowers & Köhn
8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Merger review decisions are subject to appeal. Where a sector-specific regulator, such as the NCC, has issued a merger decision following a competition assessment, the FCCPC must first review it before it may be appealed to the Competition and Consumer Protection Tribunal (CCPT). In contrast, decisions issued directly by the FCCPC are, in the first instance, appealable to the CCPT. Fur - ther appeals from the CCPT’s decisions lie with the Court of Appeal. 8.2 Typical Timeline for Appeals Notice of Appeal against the FCCPC decision (includ - ing merger review decisions) must be delivered to the Chief Registrar of the CCPT within 30 days of receiv - ing the disputed decision, except where full reasons for the decision were not initially provided, in which case the 30-day period begins only upon receipt of the full reasons. However, as far as is known, there have been no reported appeals against a merger review decision at the FCCPC, the CCPT or the Court of Appeal.
8.3 Ability of Third Parties to Appeal Clearance Decisions
Although the FCCPA does not expressly provide for third-party appeals of merger clearance decisions, it is conceivable that parties with a legitimate interest in the merger or those able to establish locus standi may be permitted to appeal such decisions. Notably, there is no precedent for appealing a merger clear - ance decision issued under the FCCPA in Nigeria, as no such appeal has been lodged to date. 9. Foreign Direct Investment/Subsidies Review 9.1 Legislation and Filing Requirements There is no foreign direct investment/subsidies review legislation in Nigeria, nor are there related fil - ing requirements.
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