Court Strikes Out Suit Challenging 50% Telecom Tariff Hike, Cites Lack Of Locus Standi

The Federal High Court in Abuja has struck out a suit challenging the 50 per cent telecommunications tariff hike approved in January 2025, delivering a major legal victory for MTN Nigeria Communications Plc and the Nigerian Communications Commission (NCC).

In a judgment delivered on April 22, 2026, Justice M.G. Umar held that the court lacked jurisdiction to hear the case after finding that the applicant failed to establish locus standithe legal right to institute the action.

The suit, marked FHC/ABJ/CS/643/2025, was filed on October 21, 2025, by Barrister Obioma Ezenwobodo.

He sought to nullify the NCC’s January 20, 2025 approval of a 50 per cent tariff increase and compel both the regulator and MTN Nigeria to refund all charges collected under the hike, with interest.

The applicant also demanded ₦100 million in general damages, citing alleged hardship, economic deprivation, and psychological distress resulting from what he described as arbitrary and unlawful charges.

MTN Nigeria, through its counsel, Ituah Imhanze of Kenna LP, challenged the suit at the preliminary stage, urging the court to dismiss it for want of jurisdiction. The objection was argued on January 26, 2026.

In his ruling, Justice Umar agreed with the telecom company’s position, holding that the applicant failed to show any special or personal interest distinct from that of the general public.

The court noted that the tariff hike applied uniformly to all telecom subscribers and did not uniquely affect the applicant. As such, his complaint amounted to a general grievance, which does not confer the standing required to invoke the court’s jurisdiction.

Having found that the applicant lacked locus standi, the court ruled that it could not proceed to determine the substantive issues and accordingly struck out the suit.

The judge also ordered parties to bear their respective costs, dismissing claims for refunds and damages.

If the suit had gone the way of the applicant, it would have forced telecom operators, including MTN Nigeria, to reimburse subscribers with interest.

The decision effectively upholds the NCC’s regulatory authority and allows telecom operators, including MTN Nigeria, to continue implementing the tariff hike without immediate legal challenge from parties lacking direct personal interest.