Court Restrains Telecos From Deactivating SIMs Not Linked To NIN
The Federal High Court in Lagos has issued an injunction preventing telecom operators in Nigeria from deactivating or blocking any line or sim card that has not been linked to the National Identification Number (NIN) by its user.
The injunction was granted by Justice Ambrose Lewis-Allagoa in response to an application filed by Lagos-based lawyer Olukoya Ogungbeje, who had sued the Federal Government, the Attorney General of the Federation and Minister of Justice, as well as MTN Nigeria Communications Plc and Airtel Networks Nigeria Limited.
Ogungbeje had requested an injunction pending appeal that would prevent the respondents from taking any action until his appeal is heard and determined by the Court of Appeal of Nigeria.
He cited Order 26 Rule 1 of the Federal High Court (Civil Procedure) Rules 2019, Section 36 of the Constitution of the Federal Republic of Nigeria (as amended), and Section 6 (6)(B) of the Constitution of the Federal Republic of Nigeria as the basis for his application.
Ogungbeje had previously filed a suit against MTN in April 2022, after his telephone lines were barred, but the court had dismissed his suit for lack of merit.
He subsequently filed an appeal which is still pending.
When he heard that telecoms operators were planning to deactivate lines not linked to NIN, he brought his latest application before the court.
10 grounds for seeking the application listed by him includes;
“That sometimes in April 2022, the Appellant/Applicant herein took out an Originating Summons against the Respondents challenging the action of the Respondents in undermining the judicial powers of the Court and the Nigerian legal system and thus infringing on the applicant’s fundamental rights
“That this Honourable Court in a well considered Judgment delivered on the 8th of May 2023 dismissed the appellant/applicant originating summons.
“That the appellant/applicant being dissatisfied with the Judgment has exercised his constitutional right of appeal by lodging a Notice of Appeal against the Judgment of this Honourable Court on the 26th of July 2023 by the lower Court.
“That the Appellant/applicant’s appeal is against the whole decision contained in the Judgment of this Honourable Court
“That the Respondents are aware of the appellant/applicant’s appeal to the Court of Appeal of Nigeria as the Respondents have since been duly served with the Appellant/Applicant’s Notice of Appeal.
“That despite the pendency of the appellant/applicant’s appeal, efforts are in top gear by the respondents specifically on the 28th of February 2024, to ensure further and outright barring, deactivating and restricting of SIM cards and Phone lines of the Applicant and that of Nigerian citizens.
“That the appellant/applicant appeal to the Court of Appeal of Nigeria “has a high degree of success against the Respondents
“There is the need to preserve the res subject matter of the appeal pending the hearing and determination of the Appellant/Applicant appeal at the Court of Appeal of Nigeria.
“That the appellant/applicant is desirously interested in diligently pursuing the instant appeal that has raised a novel and recondite issue substantially jurisprudential constituting an exceptional circumstance in which the Court can grant an application of this nature
“That the Court has the power and jurisdiction to grant application of this nature in the interest of Justice.”
He also backed the motion with a 23-paragraph affidavit along with a written address.
During the hearing on February 22, 2024, none of the respondents submitted a counter to the motion.
- DR. SADIQ UMAR ABUBAKAR GOMBE REMAINS THE NATIONAL CHAIRMAN OF SDP
- APC Only Party with Capacity to Secure Nigeria’s Future — Yilwatda
- APC Chairman Visits Plateau Attack Victims, Donates N15 Million, Pledges End to Killings
However, following the applicant’s motion, a lawyer from the Federal Ministry of Justice requested the court for additional time to respond to the application.
The applicant vehemently opposed this request, citing that all parties were served with the necessary documents and the hearing notice but failed to file their counter affidavits.
After reviewing the presented documents, Justice Lewis-Allagoa confirmed that all respondents were properly served.
He granted the lawyer’s request and prohibited the telecom operators in the country from blocking, deactivating, or restricting the applicants’ SIM cards or phone lines, as well as those of any Nigerian citizen, until February 28, 2024.
Furthermore, Justice Lewis-Allagoa ruled that his order remains in effect until the appeal filed by the lawyer is heard and decided.
