A Federal High Court in Lagos State has barred the Federal
Government from blocking SIM cards not linked to National Identity Numbers next
month.
The Ministry of Communications and Digital Economy had,
through the Nigerian Communications Commission, asked operators to block all
SIM cards not linked to NIN by April 9, 2021.
The deadline had caused many Nigerians to gather at offices
of the National Identity Management Commission in disregard of COVID-19
protocols.
However, a former second National Vice-President of the
Nigerian Bar Association and human rights lawyer, Mr Monday Ubani, filed an
originating motion and asked the court to stop the Nigerian Communications
Commission from disconnecting all SIM Cards not linked to NINs.
The first to fourth defendants in the suit are the Federal
Government, Attorney General of the Federation, The NCC and the Minister of
Communication and Digital Economy.
Ubani sought four reliefs including an order that the two-week
ultimatum is inadequate and will not only cause him hardship but will also
infringe on his fundamental right to freedom of speech and right to own
property as provided under sections 39(1) and 44(1) of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended).
He also sought an order of the court extending the deadline.
Delivering judgment on March 23, 2021, Justice M.A Onyetenu,
ordered that the deadline be extended by two months from the day of the
judgement.
The court ruled that the ultimatum of April 9, 2021, be
halted as the timeline is grossly inadequate and will not only cause severe
hardship, but will likely infringe on the fundamental rights of Nigerians to
freedom of expression as guaranteed by Section 39(1)(2) and Section 44(1) of
the 1999 Constitution.
The judge further declared that in view of the COVID-19 pandemic
and the rising cases in Nigeria presently, the deadline given to over 200
million Nigerians to register their SIM cards with NIN, will lead to a rush,
thereby resulting in clustering of Nigerian citizens in a NIN registration
centre, subjecting them to the possibility of easily contracting COVID-19.
The judgment read in part, “I therefore make the following
orders: An order halting the deadline ultimatum of 9/4/21 given by the 1st
(Federal Government) 3rd (NCC) and 4th (Ministry of Communications and Digital
Economy) respondents to block all SIM cards that are not registered with the
National Identity Numbers at the expiration of deadline.
“An order directing the 1st, 3rd and 4th respondents to
extend the deadline for the registration of SIM cards with NIN for at least
another two months from the date of this judgment.”
In a letter addressed to the Attorney-General and Minister
of Justice, Abubakar Malami, the plaintiff asked him to direct the relevant
agencies to comply with the court judgment.
In the letter titled, ‘Notification to comply with judgment
in FHC/L/CS/1834/2020’, Ubani asked the AGF to prevail on the Minister of
Communications and Digital Economy, Isa Pantami, to reconsider the deadline.
The letter read in part, “I therefore urge you to use your
good offices to advise the Minister for Communications and Digital Economy, to
respect our judiciary by complying with the above stated orders of the court. I
further appeal to you to advise the honourable minister to review his stand on
the ultimatum for the registration of SIM Cards with NIN beyond the duration
declared by the honourable court to at least a year.”
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