Federal High Court Restrains Telecommunication Providers From Disconnecting SIMS Not Linked With NIN

The Federal High Court in Lagos has stopped telecommunication operators from disconnecting sims not linked with their National Identification Number (NIN) by their subscribers. Justice Ambrose Lewis-Allagoa gave the verdict.

Justice Lewis-Allagoa ruled while ruling on a suit filed by a lawyer, Olukoya Ogungbeje, seeking to stop the move 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.

The lawyer had in the past 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, parastatals, units, organs, or anybody or person, however so called, from taking any step or action capable of enforcing the judgement in any way and from further outright barring, deactivating, and 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 judgement of this Honourable Court delivered on May 8, 2023, the LEADERSHIP reported.

READ ALSO: National Identification Number (NIN) Enrolment Surpasses 101 Million

During 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 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, or restricting any SIM cards, his phone lines, or any Nigerian Citizen stating for February 28, 2024.

Justice Lewis-Allagoa also ruled that his order subsists until 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.

READ ALSO: Top 5 ways to manage your finances if you just got your job

He listed ten grounds for seeking the application, which include; 

“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 judgement delivered on May 8 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 judgement of this Honourable Court on July 26, 2023, by the lower court.

“That the appellant’s appeal is against the whole decision contained in the judgement 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’s appeal, efforts are in top gear by the respondents, specifically on February 28, 2024, to ensure further and outright barring, deactivating, and restricting the SIM cards and phone lines of the applicant and those 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 a 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 recondited 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 applications of this nature in the interest of justice,” he stated.