The Socio-Economic Rights and Accountability Project has filed a lawsuit against the administration of President Bola Tinubu and the Nigerian Communications Commission over what it described as the “arbitrary, unconstitutional, unlawful, unfair, and unreasonable” 50% increase in telecom tariffs.
The NCC recently approved the tariff hike, which raised the cost of a one-minute call from N11 to N16.5, the price of 1GB of data from N287.5 to N431.25, and SMS charges from N4 to N6.
The hike has sparked widespread criticism, with SERAP leading legal opposition to the decision.
In the suit filed at the Federal High Court, Abuja (Suit No. FHC/ABJ/CS/111/2025), SERAP contends that the tariff hike infringes on citizens’ rights to freedom of expression and access to information as enshrined in the Nigerian Constitution and international treaties.
A statement issued on Sunday by SERAP titled, “SERAP wants court to stop Tinubu govt, telcos from implementing 50% telecom tariff hike,” disclosed this.
“The unilateral decision by the NCC to approve a 50% hike in telecom tariffs is arbitrary, unconstitutional, and unfair,.
“This action contravenes both the Federal Competition and Consumer Protection Act of 2018 and international human rights standards.
“It also reflects a failure to consult key stakeholders, such as the Federal Competition and Consumer Protection Commission,” said SERAP’s lawyer, Ebun-Olu Adegboruwa, SAN.
SERAP argued that the decision disregards the principle of legality, which requires fairness, reasonableness, and adherence to due process in the exercise of statutory powers.
“The NCC’s action undermines citizens’ right to seek, receive, and impart information through communication media without discrimination,” the lawsuit read.
The increase comes amidst Nigeria’s economic challenges, with a recent report by the National Bureau of Statistics revealing that 133 million Nigerians are multidimensionally poor.
The report highlights worsening living conditions, with over half of the population relying on wood, dung, or charcoal for cooking.
SERAP stated, “This tariff hike is happening at a time when Nigerians are grappling with a cost-of-living crisis. Many are struggling to afford basic necessities, let alone higher communication costs.
“The move adds to existing burdens, including fuel subsidy removal, rising electricity tariffs, and soaring food prices.”
In its prayers, SERAP is seeking a court declaration that the tariff hike violates constitutional provisions and international human rights treaties, as well as an injunction to halt the implementation of the hike.
The organisation is also asking the court to nullify the NCC’s decision, describing it as “extortive, unreasonable, and a breach of due process.”
SERAP’s Deputy Director, Kolawole Oluwadare, emphasised the broader implications of the tariff hike.
The statement further noted, “Access to communication is not a luxury; it is a fundamental right.
“The government and the NCC have a duty to ensure that telecommunication services remain affordable, especially for the millions of Nigerians living in poverty.”
No date has been set for the hearing of the case, which could have significant ramifications for telecom regulation in Nigeria, the statement noted.
Meanwhile, subscriber groups issued an ultimatum to the Nigerian Communications Commission, demanding the reversal of the 50 per cent tariff hike to 10 per cent by Wednesday, January 29, 2025.
