The Socio-Economic Rights and Accountability Project (SERAP) has launched a legal challenge against the Nigerian government and the Nigerian Communications Commission (NCC) over a recent 50% increase in telecommunication tariffs. The lawsuit, filed at the Federal High Court in Abuja, alleges that the tariff hike is arbitrary, unconstitutional, unlawful, unfair, and unreasonable, and infringes upon citizens’ fundamental rights to freedom of expression and access to information. SERAP argues that the increase, which raises the cost of calls, data, and SMS messages, contravenes Nigerian law and international human rights standards, particularly given the prevailing economic hardships faced by millions of Nigerians. The organization is seeking a court declaration that the hike is illegal and an injunction to prevent its implementation, characterizing the NCC’s decision as extortive and a breach of due process.
SERAP’s lawsuit centers on the argument that the NCC’s decision to approve the tariff hike disregards the principle of legality, which mandates fairness, reasonableness, and adherence to due process in the exercise of statutory powers. The organization contends that the NCC failed to adequately consult with key stakeholders, such as the Federal Competition and Consumer Protection Commission (FCCPC), before implementing the increase. Furthermore, SERAP emphasizes that the tariff hike violates constitutional provisions and international treaties that guarantee the right to freedom of expression and access to information. The suit highlights the negative impact of the increased costs on Nigerians, especially those living in poverty, who are already struggling with rising living expenses.
The backdrop of the lawsuit is a challenging economic climate in Nigeria. A recent report by the National Bureau of Statistics revealed a staggering 133 million Nigerians living in multidimensional poverty, facing difficulties in affording basic necessities like food, shelter, and energy. The tariff hike adds another layer to these existing burdens, exacerbating the financial strain on citizens already grappling with the removal of fuel subsidies, increased electricity tariffs, and soaring food prices. SERAP argues that access to communication is not a luxury but a fundamental right, and the government and NCC have a duty to ensure affordability, particularly for vulnerable populations.
SERAP’s legal action comes amidst widespread public criticism of the tariff hike. Subscriber groups have also voiced their opposition, issuing an ultimatum to the NCC demanding a reversal of the 50% increase to a more manageable 10% by January 29, 2025. This collective resistance reflects the public sentiment against the perceived disregard for the economic realities faced by the majority of Nigerians. The confluence of SERAP’s legal challenge and the public outcry underscores the seriousness of the issue and its potential ramifications for the telecommunications sector.
The lawsuit raises critical questions about the regulatory framework governing the telecommunications industry in Nigeria. SERAP’s challenge to the NCC’s decision highlights the need for greater transparency and accountability in the decision-making process, particularly when it comes to essential services like telecommunications. The outcome of the case could have significant implications for future tariff adjustments and the protection of consumer rights in the sector. It also underscores the importance of balancing the interests of telecommunication companies with the affordability and accessibility of these services for the general public.
The case brought forward by SERAP represents a crucial juncture in the debate surrounding telecommunications affordability in Nigeria. The court’s decision will not only determine the fate of the current tariff hike but also set a precedent for how future price adjustments are handled. It will also shed light on the extent to which the government and regulatory bodies are held accountable for protecting the rights of citizens, particularly in the context of essential services like communication. The outcome of this legal battle is eagerly awaited as it holds significant implications for the future of the telecommunications landscape in Nigeria and the affordability of these vital services for millions of Nigerians.
