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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
Why governors’ forum is silent on Rivers emergency, by DG
Why governors’ forum is silent on Rivers emergency, by DG
The Nigeria Governors’ Forum (NGF) yesterday attributed its neutral position on the recent declaration of a state of emergency in Rivers State to the need to steer clear of taking positions that may alienate members with varying political interests.
Taking positions on contentious partisan issues, the NGF said, would not augur well for it, especially in view of its past experience in fundamental division.
Notwithstanding, the declaration of the state of emergency by President Bola Tinubu yesterday generated more kudos and knocks from across the country.
Special Adviser to the President on Senate Matters, Senator Basheer Lado, said the action of the president was meant to ensure protection of lives and restoration of law and order in the state, while the President’s Special Adviser on Media and Public Communications, Sunday Dare, said his principal was required to “avert needless harm and destruction .”
National Publicity Secretary of the ruling All Progressives Congress (APC), Felix Morka, said Tinubu, by his action, cleared what had manifested as a constitutional crisis in Rivers state.
But former President Goodluck Jonathan saw it from a different perspective.
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He described “abuse of office and power by the three arms of government in the country“ as a dent on Nigeria’s image.
The NGF, in a statement by its Director General Abdulateef Shittu, said it is essentially “an umbrella body for sub-national governments to promote unified policy positions and collaborate with relevant stakeholders in pursuit of sustainable socio-economic growth and the well-being of the people.”
It added: “As a technical and policy hub comprising governors elected on different platforms, the body elects to steer clear of taking positions that may alienate members with varying political interests.
“In whatever language it is written, taking positions on contentious partisan issues would mean a poor sense of history — just a few years after the forum survived a fundamental division following political differences among its members.
“Regardless, the Forum is reputed for its bold positions on governance and general policy matters of profound consequences, such as wages, taxes, education and universal healthcare, among others.”
It asked for “the understanding of the public and the media, confident that appropriate platforms and crisis management mechanisms would take care of any such issues.”
Why governors’ forum is silent on Rivers emergency, by DG
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Rivers: Tinubu acted to save state, economy, says Karimi
Rivers: Tinubu acted to save state, economy, says Karimi
Chairman of the Senate Services Sunday Karimi has hailed President Bola Tinubu for the decision to declare a state of emergency in Rivers State.
He told reporters on Friday in Abuja that the President acted in the best interest of the State and Nigeria, having taken his decision in compliance with the Constitution.
“No President or government worth a name, will fold its arms and watch a political situation deteriorate to what we saw unfolding in Rivers State.
“We saw that bombing of pipelines had begun, and the security situation was getting worse with the tension everywhere”, Karimi stated.
Karimi, who represents Kogi-West on the ticket of the All Progressives Congress (APC), recalled the “fatherly role” Tinubu had played in the crisis since 2023 in a bid to get the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and suspended Governor Siminalayi Fubara to reach an understanding, to no avail.
He explained: “We were all here in 2023 when Mr President called that truce meeting at the Aso Rock Villa. There was the eight-point agenda for settlement reached between the factions.
“When Nigerians expected that progress should be made to achieve peace, things started deteriorating considerably to a point where the governor demolished the House of Assembly building and administered the state with only three legislators.”
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Karimi observed that with the recent judgment of the Supreme Court, which gave the upper hand to the 27 lawmakers loyal to the camp of the FCT Minister, matters merely got worse in the State as the lawmakers were set to impeach the Governor.
“What did you expect would be the implications? There would have been more destruction, killings and economic losses for the country.
“With the bombings that had already started, it was a matter of time before the whole state would be engulfed in flames. No responsible President would sit, arms folded, and allow that to happen “ he added.
The senator further argued that it took “painstaking efforts” by the administration to raise daily crude oil production to around 1,800 barrels, noting that Nigeria’s economy was already “witnessing a rebound under the renewed hope projects of the government.”
“Allowing the situation in Rivers to get worse before he would act, wouldn’t have helped the state or Nigeria as a country in any way.
“Mr. President intervened at the right time, and his actions are covered by law,” he said.
Karimi also spoke on the emergency declaration in Borno, Yobe, Adamawa and a couple of other states by former President Goodluck Jonathan without removing the Governors from office or suspending the state assemblies.
According to him, the case with those States was not generated by political crises but rather security concerns.
“So, I will advise those comparing the two scenarios to remember that one was purely about security threats resulting from the insurgency caused by Boko Haram, while that of Rivers is clearly political.
“It was the proper thing to do to suspend the political actors in the two factions to allow for tensions to diffuse. Nigerians should appreciate the President for the action he has taken so far,” he stated.
Sen. Karimi also noted that there was no cause for alarm as the National Assembly had indicated that the emergency rule could be reviewed as soon as there were signs that things could quickly normalise in Rivers State.
Rivers: Tinubu acted to save state, economy, says Karimi
News
Just in: Tinubu swears in Rivers Sole Administrator Ibas
Just in: Tinubu swears in Rivers Sole Administrator Ibok-ete Ibas
President Bola Tinubu has sworn in Vice Vice Admiral Ibok-ete Ibas (Retd.) as the Sole Administrator of Rivers State.
The administrator was sworn in on Wednesday after a short meeting with the President.
Tinubu announced the appointment of the retired naval chief at a nationwide broadcast on Tuesday, when he declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, Deputy Governor, Ngozi Odu, and the state House of Assembly members.
The President said his decision was based on Section 305 of the 1999 Constitution, saying he could not continue to watch the political situation in Rivers escalate without taking concrete action.
The suspension of Fubara and other elected representatives has been rejected and condemned by many eminent Nigerians, legal luminaries, groups such as Atiku Abubakar, Peter Obi, Femi Falana, the Labour Party (LP), the Peoples Democratic Party (PDP) and the Nigerian Bar Association.
However, the emergency rule has been praised by the pro-Nyesom Wike Assembly led by Martins Amaewhule, accusing Fubara of contravening the Supreme Court ruling on the political situation in the state.
Ibas was the Chief of Naval Staff from 2015 to 2021.
He is from Cross River State where he had his early education.
The new sole administrator went to the Nigerian Defence Academy in 1979 from where he proceeded to have a successful career in the Navy, rising through the ranks to the very top.
He is a member of the Nigerian Institute of International Affairs (NIIA) and the Nigerian Institute of Management.
President Muhammadu Buhari who appointed him as Chief of Naval Staff conferred him with the National Honour of Commander of the Federal Republic (CFR) in 2022.
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