Justice Mohammed Umar of the Federal High Court sitting in Abuja on Monday adjourned until March 30 to decide a suit filed by the immediate past Chairman of the Garki Branch of the Nigerian Bar Association (NBA), Mr Obioma Ezenwobodo, against the Nigerian Communications Commission (NCC) and MTN Nigeria Communications Plc over the 50 per cent telecommunications tariff adjustment approved by the NCC on 20 January 2025.
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The judge fixed the date to deliver rulings on all applications filed by counsel in the matter, as well as to decide the substantive suit instituted by the former NBA chairman.
When the matter was called on Monday, counsel to the applicant, Joseph Onu Silas, moved an application filed on 19 December 2026 seeking an extension of time within which to file the applicant’s reply on points of law in opposition to the second respondent’s motion and counter-affidavit.
The court granted the application, along with other similar applications filed by the respondents, following a no-objection stance by all parties in the matter.
In the suit marked FHC/ABJ/CS/643/2025, filed on 21 October, the former NBA Garki chairman urged the court to set aside the NCC’s rule or regulation approving a 50 per cent telecommunications tariff adjustment issued on Monday, 20 January 2025.
He also sought an order of injunction restraining the respondents, whether by themselves, their servants, telecommunications licensees, staff, agents or any other persons, from further implementing or giving effect to the NCC’s rule or regulation approving the 50 per cent telecommunications tariff adjustment.
Ezenwobodo further sought an order mandating the respondents to reimburse, refund and pay back, with interest, all deductions, tariffs, charges or monies collected pursuant to the NCC’s rule or regulation approving the 50 per cent tariff increase.
He also asked for an order compelling the respondents to conduct a public inquiry and take into consideration the findings of such inquiry before making any rule or regulation approving telecommunications tariff adjustments in Nigeria.
He additionally prayed the court to award the sum of ₦100 million as general damages against the respondents for the alleged hardship, loss, pain, economic deprivation and psychological distress he suffered as a result of what he described as unjust, arbitrary and illegal charges imposed by the respondents.
In his statement of claim, Ezenwobodo stated that he is a telecommunications voice and data subscriber on the MTN network, one of the licensees of the NCC, and that the first respondent, through a press release with reference number 2025/Vol.5/No.1 dated Monday, 20 January 2025, approved a 50 per cent increase in telecommunications tariffs in Nigeria.
He contended that in making the rule or regulation, the NCC failed, neglected or refused to convene a public inquiry prior to the decision, as required by the combined provisions of Sections 57(3), 58 and 70(1) and (2) of the Nigerian Communications Act, 2003.
He said he was neither invited nor given notice of any public inquiry before the regulation on telecommunications tariff adjustment was made by the first respondent.
According to him, being dissatisfied with the development, he wrote to the NCC requesting reasons for what he described as an astronomical and arbitrary hike, as well as the failure to conduct a public inquiry prior to the adjustment. He added that after waiting for 31 days without any response, he wrote another letter appealing for the review or cancellation of the tariff increase introduced on 20 January 2025.
Ezenwobodo argued that the NCC’s failure and refusal to convene or publicly announce a public inquiry, despite several correspondences, was arbitrary, unjust, ultra vires, oppressive, high-handed, contrary to the rule of law and an abuse of dominant position as provided under Sections 74(1) and (2), 124 and 127 of the Federal Competition and Consumer Protection Act, 2018.
He maintained that unless the respondents are restrained by the court, he would continue to be exploited, manipulated and subjected to arbitrary tariff increases.
The respondents, the Nigerian Communications Commission and MTN Nigeria Communications Plc, in their preliminary objections, urged the court to dismiss the suit for want of jurisdiction with substantial costs.
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