Obioma Ezenwobodo, a lawyer, former Chairman of the NBA Garki Branch, and policy advocate, has strongly condemned the recent 50% increase in telecom tariffs announced by the Nigerian Communications Commission (NCC), insisting that a public inquiry should have been conducted before implementing such a drastic measure.
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He argues that the increment, which will significantly impact the cost of calls, data, and text messages for over 224 million telecom subscribers, is unilateral, unfair, and a violation of regulatory provisions.
In his statement, Ezenwobodo highlighted that the NCC’s core mandate is to protect both service providers, including MTN, GLO, and Airtel, and consumers. He stressed that the 2003 NCC Act serves as a safeguard against the exploitation of Nigerian telecom users while also fostering industry growth. According to him, the NCC’s decision to increase tariffs without due process is an abuse of its dominant regulatory position, contradicting both existing laws and the economic realities in the country.
Citing sections 108, 109, and 110 of the NCC Act, Ezenwobodo emphasized that the commission is legally required to make regulations determining tariffs and charges in consultation with service providers and consumers. He further referenced Section 70 of the Act, which empowers the NCC to make regulatory adjustments, but with a caveat: Section 71 mandates that before making any regulations, the NCC must conduct an inquiry as specified in Part II of the Act.
Section 57(3) of the NCC Act further compels the commission to hold a public inquiry in cases where it is mandatorily required. This provision, he noted, was designed to ensure transparency, allowing all stakeholders, including the NCC, service providers, and consumers, to present their positions, negotiate fairly, and reach a justifiable consensus on telecom tariffs.
Ezenwobodo described the NCC’s unilateral decision as a blatant disregard for due process, emphasizing that such an important economic policy should not have been implemented without input from the public. He pointed out that this arbitrary move by the NCC constitutes an abuse of power, violating Section 74(1) and (2) of the Federal Competition and Consumer Protection Act, 2018. Furthermore, he stated that the hike amounts to unfair and unjust dealings, contrary to Sections 124 and 127 of the same Act.
The legal expert called on the NCC to uphold the rule of law by reversing the tariff adjustment and conducting a proper public inquiry in line with its regulatory mandate. He urged the commission to prioritize transparency, fairness, and consumer protection in setting telecom tariffs, ensuring that pricing remains reasonable and justifiable.
Ezenwobodo concluded by reiterating his hope that the NCC, as a law-abiding institution, would rectify its actions by engaging in due consultation with stakeholders to arrive at a balanced and equitable telecom tariff structure.
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