THE Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Federal Government and the Nigerian Communications Commission (NCC) over the recent 50 per cent increase in telecom tariffs.
The rights group, in a statement on Sunday, January 26, described the hike as arbitrary, unconstitutional, and a violation of citizens’ rights.
The lawsuit, filed last Friday at the Federal High Court in Abuja, challenges the NCC’s decision to raise the average cost of calls from N11 to N16.5 per minute, increase 1 gigabyte (GB) of data from N287.5 to N431.25, and raise SMS charges from N4 to ₦6.
SERAP is arguing that the decision was made without proper consultation and is inconsistent with legal and constitutional standards.
According to SERAP, the increase breaches the Federal Competition and Consumer Protection (FCCPC) Act 2018, the Nigerian Constitution, and international human rights standards, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
In the suit filed by Ebun-Olu Adegboruwa,Senior Advocate of Nigeria (SAN), on behalf of SERAP, the organisation is asking the court for “a declaration that the unilateral decision by the NCC to authorise telcos to hike telecom tariff by 50 percent is arbitrary, unfair, unreasonable and inconsistent and incompatible with citizens’ freedom of expression and access to information, and therefore unconstitutional and unlawful.”
SERAP said it has also sought an order of interim injunction restraining the NCC, or any other person acting on its instructions from further implementing, and enforcing a telecom tariff hike by 50 percent.
“The NCC is required under the legal provisions on consumers’ rights and constitutional and international standards on freedom of expression and access to information to base its decision on reasonable interpretations of its enabling statutes and guidelines and other relevant legal frameworks, and to follow due process.”
“The exercise of the statutory powers of the NCC in approving the telecom tariff hike is a grave violation of the provisions of the Federal Competition and Consumer Protection Act 2018, the Nigerian Constitution 1999 [as amended], and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party,” the statement added.
The group further contended that the tariff hike disregards the financial realities of Nigerians, citing the National Bureau of Statistics (NBS) report that over 133 million Nigerians live in poverty, with more than half of the population relying on wood, dung, or charcoal for cooking due to rising energy costs.
The organisation also noted that the increase comes amid a cost-of-living crisis marked by unemployment, high inflation, and the lingering effects of the fuel subsidy removal and electricity tariff hikes.
SERAP, meanwhile, asked the court to declare the NCC’s approval of the tariff hike unconstitutional, unlawful, and a violation of citizens’ rights.
It further asked to set aside the decision as unfair and extortive and to issue an order restraining the NCC and telecom companies from implementing the hike.
The ICIR reported on Monday that the NCC approved a 50 per cent tariff increase for telecommunications companies as telephone subscribers in Nigeria would have to pay more for data and airtime.
In a statement by the NCC spokesman, Reuben Muoka, the commission the price adjustment was considered taking into account ongoing industry reforms that would positively influence sustainability.
The NCC said it approved the increase, under Section 108 of the Nigerian Communications Act, 2003 (NCA), to regulate and approve tariff rates and charges by telecommunications operators.
“Tariff rates have remained static since 2013, despite the increasing costs of operation faced by telecom operators,” the commission said.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: umustapha@icirnigeria.com. He tweets @UsmanMustapha_M