The Socio-Economic Rights and Accountability Project has taken legal action against the Nigerian Communications Commission over its recent approval of a 50% increase in telecommunications tariffs.
SERAP, through its legal representatives, Ebunolu Adegboruwa (SAN), filed a lawsuit at the Federal High Court in Abuja, seeking to halt the implementation of the tariff hike, citing economic hardship and constitutional violations.
The NCC’s decision, made public earlier in January will result in an increase in call rates from N11 to N16 per minute, data prices from N287.30 to N431.25 per GB, and SMS costs from N4 to N6.
It has since been rejected by the Nigeria Labour Congress and other pressure groups who cited prevailing economic hardship in the country.
The notice of pending civil action against the NCC filed by SERAP solicitors was dated January 30 and directed to the NCC’s Executive Secretary and copied to its Director General and Legal Adviser.
It stated, “Given the increase comes at a time of economic hardship, further burdening Nigerians, many of whom struggle with poverty, unemployment, and high inflation; the hike will restrict access to telecommunications services, limiting the ability of citizens, including SERAP, to express themselves and share information, which is a fundamental human right.”
The legal challenge seeks a court declaration that the tariff hike is unlawful and a corresponding order restraining the NCC and telecommunications companies from enforcing it.
SERAP argued that the decision had sparked public outcry and resistance from labour unions, who have threatened nationwide protests if the increase is not reversed.
It further read, “Being dissatisfied with the violation of its constitutional and vested right and further attempts to carry out activities to the detriment of our client’s interest and rights, take notice that the above-mentioned matter has been instituted at the Federal High Court, Abuja, seeking inter alia for a declaration that the tariff increase is unlawful and should be set aside with an order restraining the NCC and telecommunication companies from enforcing the tariff hike.
“Our client is therefore seeking judicial intervention and determination of the legality of all actions and decisions in relation to the increase and planned implementation of the telecommunication tariffs.
“Further take notice that in conjunction with the pending matter for determination, our client has filed an application before the Federal High Court, Abuja, seeking inter alia interlocutory orders of injunction to restrain NCC, its officers, agents, privies, assigns, associates 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 NCC approving/authorising a 50% increase in telecommunication tariffs in Nigeria, pending the hearing and final determination of the substantive suit.”
