The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal proceedings against the administration of President Bola Tinubu and the Nigerian Communications Commission (NCC) over what it terms an “arbitrary, unconstitutional, unlawful, unfair, and unreasonable” 50% hike in telecom tariffs.
The NCC recently approved this tariff adjustment, increasing 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. This decision has sparked widespread criticism and public outcry, with SERAP taking the lead in opposing the implementation through legal channels.
Legal Action Filed at Federal High Court
In the suit filed at the Federal High Court in Abuja (Suit No. FHC/ABJ/CS/111/2025), SERAP argues that the tariff hike violates citizens’ rights to freedom of expression and access to information, as guaranteed under 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,” outlines the legal and ethical concerns raised by the group.
Ebun-Olu Adegboruwa, SAN, SERAP’s lawyer, described the NCC’s decision as a direct violation of the Federal Competition and Consumer Protection Act of 2018 and international human rights standards. He highlighted the lack of consultation with key stakeholders, including the Federal Competition and Consumer Protection Commission, as a critical flaw in the process.
“The unilateral decision by the NCC to approve a 50% hike in telecom tariffs is arbitrary, unconstitutional, and unfair,” said Adegboruwa. “This action disregards the principle of legality, which demands fairness, reasonableness, and adherence to due process in the exercise of statutory powers.”
Economic Context and Public Concerns
The timing of the tariff hike has drawn additional criticism, given Nigeria’s ongoing economic struggles. A recent report by the National Bureau of Statistics revealed that 133 million Nigerians are multidimensionally poor. The report also highlighted deteriorating living conditions, with many citizens relying on wood, dung, or charcoal for cooking.
“This tariff hike is happening at a time when Nigerians are grappling with a severe cost-of-living crisis. Many households are struggling to afford basic necessities, let alone higher communication costs,” SERAP said in its statement.
SERAP also emphasized that the hike compounds other economic challenges, such as the removal of fuel subsidies, rising electricity tariffs, and escalating food prices, which have left many Nigerians in dire financial straits.
SERAP’s Legal Demands
In its court filings, SERAP seeks the following:
- A declaration that the 50% telecom tariff hike violates constitutional provisions and international human rights treaties.
- An injunction to prevent the implementation of the hike.
- Nullification of the NCC’s decision on the grounds of being “extortive, unreasonable, and a breach of due process.”
Kolawole Oluwadare, SERAP’s Deputy Director, underscored the far-reaching implications of the tariff hike. “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,” he stated.
Potential Ramifications
No date has been set for the hearing of the case, which is expected to have significant ramifications for telecom regulation and consumer rights in Nigeria. If successful, SERAP’s legal action could not only reverse the tariff hike but also set a precedent for greater accountability in regulatory decisions affecting essential services.
