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SERAP drags FG, NCC to court Over 50% telecom tariff hike

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu’s administration and the Nigerian Communications Commission (NCC) over what it described as the “arbitrary, unconstitutional, unlawful, and unreasonable” 50% increase in telecom tariffs.

The NCC recently approved the hike, raising the cost of a one-minute call from N11 to N16.5, 1GB of data from N287.5 to N431.25, and SMS charges from N4 to N6.

The increase has sparked widespread criticism, with SERAP leading the legal challenge.

In its suit filed at the Federal High Court in Abuja (Suit No. FHC/ABJ/CS/111/2025), SERAP argues that the tariff hike infringes on citizens’ rights to freedom of expression and access to information, as guaranteed by the Nigerian Constitution and international treaties.

Telecoms

A statement released on Sunday by SERAP, titled “SERAP wants court to stop Tinubu govt, telcos from implementing 50% telecom tariff hike,” detailed the lawsuit.

“The unilateral approval by the NCC of a 50% telecom tariff hike is arbitrary, unconstitutional, and unfair,” stated SERAP’s lawyer, Ebun-Olu Adegboruwa, SAN. He added that the hike violates the Federal Competition and Consumer Protection Act of 2018 and international human rights standards, highlighting a failure to consult key stakeholders like the Federal Competition and Consumer Protection Commission.

SERAP contends that the decision undermines the principle of legality, requiring fairness and adherence to due process. “The NCC’s action infringes on citizens’ right to seek, receive, and impart information through communication media without discrimination,” the lawsuit stated.

The tariff increase comes as Nigerians face severe economic challenges. A recent report from the National Bureau of Statistics shows 133 million Nigerians are multidimensionally poor, with over half the population relying on wood, dung, or charcoal for cooking.

“This hike comes amid a cost-of-living crisis, making it even harder for Nigerians to afford basic necessities, let alone higher communication costs,” SERAP said. It also pointed out that citizens are already burdened by the removal of fuel subsidies, rising electricity tariffs, and escalating food prices.

In its prayers, SERAP seeks a court declaration that the hike violates constitutional and international human rights provisions, alongside an injunction to halt its implementation. The group also requests the nullification of the NCC’s decision, describing it as “extortive, unreasonable, and a breach of due process.”

SERAP’s Deputy Director, Kolawole Oluwadare, emphasized that access to communication is a fundamental right, not a luxury. “The government and NCC have a duty to ensure telecommunication services remain affordable, especially for millions of Nigerians living in poverty,” he said.

Subscriber groups have also reacted, issuing an ultimatum to the NCC to reverse the 50% tariff hike to 10% by Wednesday, January 29, 2025. No date has been set for the hearing, but the case could significantly impact telecom regulation in Nigeria.

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