SERAP drags FG to court sues over 50% telecom tariff hike

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the administration of President Bola Tinubu over what it describes as the “arbitrary, unconstitutional, unlawful, unfair, and unreasonable 50 percent telecom tariff hike” recently approved by the Nigerian Communications Commission (NCC).

The NCC’s decision authorizes telecommunications operators to raise tariffs significantly, leading to increases in the average cost of services: call rates rise from N11 per minute to N16.5, data costs jump from N287.5 per GB to N431.25, and SMS charges increase from N4 to N6.

In suit number FHC/ABJ/CS/111/2025, filed last Friday at the Federal High Court, Abuja, SERAP is seeking a legal determination on whether the NCC’s unilateral decision to approve the tariff hike aligns with constitutional and legal standards. SERAP argues that the increase is inconsistent with citizens’ rights to freedom of expression and access to information.

SERAP is urging the court to declare the tariff hike as arbitrary and unconstitutional.

Additionally, the organization seeks an interim injunction to restrain the NCC, its agents, and telecom operators from enforcing the tariff increases pending the resolution of the case.

Represented by senior advocate Ebun-Olu Adegboruwa (SAN), SERAP stated in its filing that the NCC’s actions violate constitutional provisions, including the Federal Competition and Consumer Protection Act 2018, as well as international standards on freedom of expression and access to information.

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“The NCC has a legal duty to ensure fairness, reasonableness, and adherence to due process in the exercise of its statutory powers,” Adegboruwa noted. “The unilateral approval of a 50 percent telecom tariff hike fails to meet these standards and undermines consumer rights.”

SERAP highlighted the broader socio-economic consequences of the tariff hike, particularly given the dire economic realities faced by millions of Nigerians.

According to the National Bureau of Statistics (NBS), over 133 million Nigerians are multi-dimensionally poor, with many relying on firewood or charcoal for cooking due to the high cost of cleaner energy alternatives.

The lawsuit criticizes the NCC’s lack of consultation with key stakeholders, including the Federal Competition and Consumer Protection Commission, before approving the tariff increase.

SERAP argues that the decision disregards due process, further exacerbating the financial strain on Nigerians already struggling with inflation, high fuel prices, electricity tariff hikes, and widespread unemployment.

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“The increase in telecom tariffs is a fundamental breach of due process and a grave injustice to Nigerians, particularly the socially and economically vulnerable,” the filing stated.

“The NCC’s decision violates constitutional and international human rights standards that guarantee individuals the right to seek, receive, and impart information without discrimination,” the suit argues.

SERAP has called on the court to hold the NCC accountable for its actions and ensure that decisions affecting citizens’ rights are made transparently and in consultation with relevant stakeholders.

The case is expected to set a significant legal precedent on the boundaries of regulatory authority and the protection of consumer rights in Nigeria.