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NIN-SIM linkage: Court bars MTN others from deactivating subscribers’ lines
NIN-SIM linkage: Court bars MTN others from deactivating subscribers’ lines
Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos has restrained telecommunication operators in Nigeria from deactivating or barring any line or sim which has not been linked to the National Identification Number (NIN) by their subscribers.
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.
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, parastatals, 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.
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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 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 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 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.
NIN-SIM linkage: Court bars MTN others from deactivating subscribers’ lines
News
Tinubu solicits Faye’s help in bringing Mali, Niger, Burkina Faso back to ECOWAS
Tinubu solicits Faye’s help in bringing Mali, Niger, Burkina Faso back to ECOWAS
President Bola Tinubu has appealed to the President of Senegal, Bassirou Faye, to join him in persuading Mali, Niger and Bourkina Faso to return to the Economic Community of West African States (ECOWAS).
The three countries withdrew from ECOWAS in January 2024 after ECOWAS sanctions were imposed on them following the military takeover of their governments.
The military rulers of the three countries announced their immediate withdrawal from ECOWAS in a joint statement.
They have refused to return to the regional bloc despite the lifting of the sanctions.
Tinubu, who is the Chairman of ECOWAS, received the younger Senegalese President on a visit to the Presidential Villa Abuja on Thursday.
“As the Chairman of ECOWAS, I am inviting you to collaborate and meet those other brothers; to persuade them to come back to the fold,” the Nigerian President said.
Tinubu however said democratic governance, democratic values, and constitutional order are sacrosanct and must be protected.
He said, “But how can we work for our people and make them the focus of our democracy if we are violating the rule of law and promoting unconstitutional takeover of government?”
The Nigerian President added that critical institutions and precepts, like the judiciary and the rule of law, must be respected and observed for the sustenance of democracy.
“Constitutional democracy is what Senegal proved to the rest of the world and Africa.
“It is a joy to have you here; to meet the hope and aspiration of our youths. You fit in perfectly well.
“A critical time it is in the history of constitutional democracy, particularly in West Africa. What you have embarked upon, a struggle couched in freedom, is remarkable,” Tinubu said.
In addition, the Nigerian President called for a common front among African nations in the fight against challenges of terrorism and human trafficking bedevilling them.
Tinubu described Nigeria and Senegal as brotherly nations, recounting both countries’ long history of cooperation.
“We must be able to partner and build the freedom we believe in – in economic growth, development and other spheres of governance,” the President said.
In his remarks, Faye acknowledged Nigeria and Senegal’s shared values, ideals, and challenges, emphasising that both nations have always had good relations since the 1960s.
“The good relations we have and the relations between our private sectors should be beneficial to our countries,” he said.
The Senegalese President called for the reactivation of the Nigeria-Senegal joint commission to strengthen bilateral relations across the areas of diplomacy, trade, and other spheres.
Speaking on regional bloc, the Senegalese President said, “ECOWAS is the beacon of successful regional integration in Africa and globally. It is something we owe to the founding fathers of the community, and I have no doubt that you want to continue this legacy of integration.
“I know I can rely on your wisdom and experience, as the leader of this great African nation, and the more recent example of Senegal; so that together, hand in hand, we can grow together, and that we can discuss with our brothers and convince them to come back into the fold.”
News
Using pre-registered SIM card may land you in jail, NCC warns
Using pre-registered SIM card may land you in jail, NCC warns
The Nigerian Communications Commission, NCC, has issued a stern warning to Nigerians on the dangers of purchasing pre-registered SIM cards.
The Commission emphasized that this practice was illegal and could lead to severe consequences, including imprisonment.
The NCC highlighted that individuals using such SIM cards might inadvertently become implicated in crimes such as identity theft, financial fraud, kidnapping, and armed robbery.
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Moreover, the NCC pointed out that the use of pre-registered SIM cards compromises the accuracy of consumer information and hampers efforts to track criminals effectively.
By using such SIM cards, the reliability of data collected on consumers was undermined, making it challenging for authorities to identify and apprehend the actual perpetrators of crimes.
The NCC’s message aimed to educate the public on the risks associated with pre-registered SIM cards and encourage compliance with legal guidelines to enhance national security.
Using pre-registered SIM card may land you in jail, NCC warns
News
Police grill Osun monarch, Ataoja of Osogbo, over petition
Police grill Osun monarch, Ataoja of Osogbo, over petition
The Ataoja of Osogbo, Oba Jimoh Olanipekun Oyetunji was on Thursday grilled by the police over a petition purportedly by a co-monarch in Olorunda local government area.
But The Nation learnt that Oba Oyetunji was invited to Abuja by security operatives over a petition by a king under his domain relating to fund.
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When contacted the Secretary of the palace, Mr Wasiu Bello confirmed that Oba Oyetunji travelled to Abuja over a petition filed against him.
National President, Osogbo Progressive Union (O.P.U) dispelled insinuations that Ataoja was arrested by police in Abuja.
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