…Court Rules Applicant Lacks Legal Standing to Sue Over 2025 Tariff Adjustment

…No Damages Ordered as Landmark Case Ends in Favour of Regulator and Telcos

In a significant legal victory for MTN Nigeria Communications Plc and the Nigerian Communications Commission (NCC), the Federal High Court sitting in Abuja has struck out a high-profile lawsuit that sought to nullify the 50 per cent telecommunications tariff hike introduced in January 2025.

The ruling, delivered on April 22, 2026, by Honourable Justice M.G. Umar, effectively shuts down a case that had threatened to force telecom operators, including MTN Nigeria, to reimburse subscribers with interest and pay N100 million in general damages.

The Court held that it lacked jurisdiction to entertain the suit due to a fundamental flaw on the part of the applicant.

The suit marked FHC/ABJ/CS/643/2025 – Barr. Obioma Ezenwobodo v. Nigerian Communications Commission & MTN Nigeria Communications Plc was originally filed on October 21, 2025, by the applicant.

In his Application for Judicial Review, Ezenwobodo, through his counsel, Joseph Onu Silas, sought three major reliefs against both the NCC (the industry regulator) and MTN Nigeria (the 2nd Respondent) – an order prohibiting and setting aside the NCC’s rule and regulation approving the 50 per cent telecommunication tariff adjustment (popularly referred to as the tariff hike) issued on Monday, January 20, 2025; an order mandating the NCC and MTN Nigeria, their servants, agents, licensees, and staff to reimburse, return, and pay back with interest all deductions, tariffs, and charges made as a result of the said 50 percent tariff hike.

He also sought an order of N100 million as general damages against the respondents, citing untold hardship, economic deprivation, psychological distress, and pain suffered by the applicant due to the alleged illegal and arbitrary charges.

Counsel to MTN Nigeria Communications Plc, Ituah Imhanze and Divine Oguru of Kenna LP, on November 24, 2025, opposed the applicant’s originating motion and challenged the jurisdiction of the Federal High Court to hear the suit.

In that motion, MTN urged the Court to dismiss or strike out the suit entirely in limine (at the outset).

The jurisdictional challenge was argued on January 26, 2026, with Divine Oguru Esq., Senior Counsel from Kenna LP, appearing for MTN Nigeria. The applicant and the NCC were also represented by their respective counsel.

Delivering a well-considered judgment, Honourable Justice M.G. Umar upheld the core arguments advanced by MTN Nigeria’s legal team. The Court ruled decisively on the issue of locus standi – the legal right of the applicant to bring the case before the Court. Justice Umar found that Barrister Obioma Ezenwobodo had failed to demonstrate any special interest in the subject matter of the suit beyond that of the general public.

“The Court noted that the 50 per cent tariff hike applied to all telecom consumers, not uniquely or disproportionately to the applicant. As such, the applicant’s grievance was a general grievance, not one showing a specific, personal, or greater injury than that suffered by any other Nigerian telecom subscriber.

Because the applicant lacked the requisite locus standi, the Court held that it had no jurisdiction to entertain the suit. Consequently, the matter was struck out.

On the issue of legal costs, the Court directed that parties bear their respective costs, meaning no award of damages or reimbursement was granted against MTN Nigeria or the NCC.

What This Means for MTN Nigeria and Other Telecom Operators: The ruling is a significant legal endorsement of NCC’s regulatory authority to approve tariff adjustments and confirms that MTN Nigeria and other operators in the telecommunications sector may continue to implement the 50 per cent tariff hike without legal hindrance from challengers lacking direct personal standing.

Industry observers note that the judgment sets an important precedent: future challenges to industry-wide pricing policies must be brought by parties who can show a concrete, particularised injury distinct from that of the general consuming public. Otherwise, courts will decline jurisdiction.

The immediate practical effect is that the 50 per cent tariff adjustment remains valid and enforceable, and NCC’s regulatory powers on the telecommunications sector remain intact. As of press time, it is unclear whether the applicant intends to file an appeal. For now, the Court has spoken: the challenge to the 50 per cent telecom tariff hike fails for lack of jurisdiction. The NCC’s approval stands.