The Socio-Economic Rights and Accountability Project, SERAP, is pitched against President Bola Tinubu, over an alleged ”arbitrary, unconstitutional, unlawful, unfair, and unreasonable 50 percent telecom tariffs hike by the Nigerian Communications Commission, NCC.”
Consequently, SERAP which filed a lawsuit against Tinubu, also joined the NCC in the suit as defendants, over recently approved a 50 percent hike in telecom tariffs.
The average price of calls will rise to N16.5 per minute from N11; the cost of 1GB of data will rise to N431.25 from N287.5/GB; and SMS prices to N6 from N4, by the increase.
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The suit, with number, FHC/ABJ/CS/111/2025, was filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to determine “whether the unilateral decision by the NCC to authorise telcos to hike telecom tariffs by 50 percent is not arbitrary, unconstitutional, unlawful, unfair, unreasonable and inconsistent with citizens’ freedom of expression and access to information”.
SERAP is also asking the court for a declaration that the unilateral decision by the NCC to authorise telcos to hike telecom tariff by 50 percent is arbitrary, unfair, unreasonable and inconsistent and incompatible with citizens’ freedom of expression and access to information and therefore unconstitutional and unlawful.
An order of interim injunction, according SERAP is seeking to restrain NCC, its officers, agents, privies, assigns, or any other person or persons acting on its instructions from further implementing, enforcing and doing any act to give effect to the decision of the NCC authorizing telecom tariff hike by 50 percent.
SERAP, in the suit argued that the legal and constitutional provisions as well as international standards on freedom of expression and access to information constitutes the repository of legality, adding that the requirements of legality constrains the exercise of statutory powers by the NCC to authorise any increase in telecom tariffs.
The suit filed on behalf of SERAP by its lawyer, Ebun-Olu Adegboruwa, SAN, on behalf of SERAP, impose clear duties of fairness and reasonableness on the NCC in the exercise of its powers to authorize the telecom tariff hike by 50 percent, which is the subject-matter of this suit.
The NCC is required under the legal provisions on consumers’ rights and constitutional and international standards on freedom of expression and access to information to base its decision on reasonable interpretations of its enabling statutes and guidelines and other relevant legal frameworks, and to follow due process.
Protest imminent over telecom tariffs hike
A nationwide protest is currently brewing in Nigeria following the recent approval by the Nigerian Communications Commission, NCC, for telecommunication operators to increase tariff by 50 per cent.
Following the mounting financial struggles birthed by the devaluation of the naira and increasing operational costs in Africa’s most populous nation, telecom operators like MTN and Airtel have demanded a 100% tariff increase.
However, the Minister of Communications and Digital Economy, Bosun Tijani, on Monday, January 20 announced the approval of a 50% tariff increase.
By the time the Mobil Network Operators implement the approved tariff, Nigerians are expected to pay N16.5 per minute for calls from N11, the cost of SMS to N6 from N4, and the cost of 1 gigabit of data – N431.25.
There are, however, stiff oppositions from some stakeholders, who argued that the increment is coming at the wrong time, citing the economic hardship bedeviling the nation at the moment.
Recall that the Nigeria Labour Congress, NLC had, while reacting to the proposed tariff increase, rallied Nigerians to reject “another harsh burden”, threatening to mobilize workers to boycott telecom services.
Similarly, the Trade Union Congress of Nigeria, TUC described the tariff scheduled to begin in February as outrageous, lamenting that it will worsen the harsh living conditions of workers and Nigerians.
Meanwhile, the Federal Competition and Consumer Protection Commission, FCCPC, had mandated the telecommunication industry to prioritize service improvement including network reliability, speed and accessibility, in the planned tariff adjustments.
In a recent statement by its Director, Corporate Affairs, Ondanje Ijagwu, FCCPC said although it acknowledged the economic pressures faced by telecom operators in the country, including increasing operational costs, “consumer interests remain paramount.”
