Relieve seems to be on the way of multitudes of Nigerians yet to link their phones with National Identification Number (NIN), as the Federal High Court in Lagos through Justice Ambrose Lewis-Allagoa restrained telecommunication operators in Nigeria from deactivating or barring any line or sim which has not been linked to the NIN by their subscribers.
Justice Lewis-Allagoa ruled while ruling on a suit filed by
a lawyer, Olukoya Ogungbeje, seeking to stop the move to disconnect subscribers
over NIN – SIM linkage, that infringed on his fundamental rights.
Ogungbeje, in a suit numbered FHC/L/CS/667/23, joined the
Federal Government of Nigeria, the Attorney General of the Federation and
Minister of Justice, MTN Nigeria Communications Plc, and Airtel Networks
Nigeria Limited as respondents.
Specifically, the lawyer had asked the court for an
injunction pending appeal, restraining all the respondents jointly or
severally, whether by themselves or their agents. Outlets, agencies, privies,
officials, servants, men, parastatal, units, organs, or anybody or person,
however so called, from taking any step or action capable of enforcing the
judgment in any way and from further outright barring, deactivating and or
restricting any SIM cards or his phone Lines, or of any Nigerian Citizen,
slated for February 28, 2024, or any other scheduled date, pending the hearing
and determination of his appeal at the Court of Appeal of Nigeria, against the
judgment of this Honourable Court delivered on May 8, 2023.
At the court’s last sitting, the judge was informed that
none of the respondents had filed their counter to the motion to the suit.
However, after the applicant had moved his application, a
lawyer from the Federal Ministry of Justice pleaded with the court that he
needed more time to respond to the motion.
The applicant vehemently opposed the application because all
parties were served with all the processes and the hearing notice in the matter
but failed to file counters.
Justice Lewis-Allagoa, in his ruling, after perusing the
court file acceded to the lawyer’s request and restrained the telecom operators
in the country from barring, deactivating, and or restricting any SIM cards or
his phone Lines or of any Nigerian Citizen stated for 28 of February 2024
because of NIN.
Justice Lewis-Allagoa also ruled that his order subsists
till the hearing and determination of the appeal filed by the lawyer.
Ogungbeje had informed the court that his motion on notice
is premised under 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); Section 6 (6)(B) of the Constitution of the Federal Republic of
Nigeria and under the court’s inherent jurisdiction.
He listed ten grounds for seeking the application, which
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.
“The appellant/applicant, 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 rest of the 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 this Honourable 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 stated.