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SERAP Sues Tinubu Government, NCC Over 50% Telecom Tariff Hike

Wale WhalesNews1 year ago

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SERAP Sues Tinubu Government, NCC Over 50% Telecom Tariff Hike
SERAP Sues Tinubu Government, NCC Over 50% Telecom Tariff Hike  

The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu’s administration and the Nigerian Communications Commission (NCC) over the recent 50% increase in telecom tariffs.  

SERAP described the hike as “arbitrary, unconstitutional, unlawful, unfair, and unreasonable” and is asking the Federal High Court in Abuja to halt its implementation.  

The NCC recently approved a tariff increase that raised the cost of a one-minute call from ₦11 to ₦16.5, the price of 1GB of data from ₦287.5 to ₦431.25, and SMS charges from ₦4 to ₦6. The move has sparked widespread public outcry, with SERAP leading the legal opposition.  

In the suit filed under case number FHC/ABJ/CS/111/2025, SERAP argues that the tariff hike violates citizens’ rights to freedom of expression and access to information as guaranteed by the Nigerian Constitution and international treaties.  

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

Also Read: Critical Review of Tinubu’s Budget Proposal for Fiscal Year 2025 by Dr Kenny Odugbemi

“The unilateral decision by the NCC to approve a 50% hike in telecom tariffs is arbitrary, unconstitutional, and unfair,” SERAP stated.  

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Legal counsel for the organization, Ebun-Olu Adegboruwa (SAN), criticized the decision, saying:  

“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.”

SERAP further argued that the move disregards the principle of legality, which requires fairness, reasonableness, and adherence to due process.  

“The NCC’s action undermines citizens’ right to seek, receive, and share information through communication media without discrimination,” the lawsuit reads.  

The increase in telecom tariffs comes at a time when Nigeria is facing economic hardship, with a recent National Bureau of Statistics (NBS) report showing that **133 million Nigerians are multidimensionally poor**. The report also highlights worsening living conditions, with over half of the population relying on wood, dung, or charcoal for cooking.  

SERAP strongly condemned the tariff hike, stating:  

“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.”

SERAP’s Demands

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SERAP is seeking the following from the court:  

– A declaration that the tariff hike violates constitutional provisions and international human rights treaties.  

– An injunction preventing the government and telecom operators from implementing the new tariffs.  

– A nullification of the NCC’s decision, which it described as “extortive, unreasonable, and a breach of due process.”

SERAP’s Deputy Director, Kolawole Oluwadare, emphasized that access to communication should not be a luxury.  

“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 said.  

Meanwhile, subscriber advocacy groups have given the NCC an ultimatum to reverse the 50% tariff hike to 10% by Wednesday, January 29, 2025.  

No date has been set for the hearing of the case, but its outcome could have significant implications for telecom regulation in Nigeria.

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