The Federal High Court in Lagos has dismissed an action filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) challenging the legality of the presidential directive prohibiting the use of SIM cards that are not linked to the National Identification Number.
Justice Yelim Bogoro ruled that the Federal Government’s policy requiring the linking of SIMs with NIN is substantially acceptable, and that the country’s interest as one indivisible and indissoluble country outweighs any individual’s right.
In the case filed against the President of the Federal Republic of Nigeria, the Attorney-General of the Federation, and the Nigerian Communications Commission (NCC), SERAP argued that the directive barring over 72 million Nigerian subscribers infringed upon their fundamental rights as enshrined in the Constitution.
However, Akintola Makinde, counsel for the President, countered that none of the rights cited by SERAP were absolute. He stated that the presidential directive was in accordance with sections 14(2)(b) and 45 of the Constitution, as well as relevant provisions of the National Communications Act.
Makinde argued that the directive was motivated by alarming statistics related to insecurity and kidnapping. He emphasized that the number of kidnapping victims highlighted a pressing social and security issue that needed to be addressed.
He further argued that since telephones are often used in kidnappings and other crimes, it is essential to implement measures that enable the tracking and busting of such crimes through technology and accurate data synchronization. Therefore, SERAP’s opposition to the necessity of these measures was unfounded.
Nnamdi Oragwu, counsel for the NCC, contended that SERAP failed to provide sufficient proof for their allegations. He asserted that the NCC’s actions were constitutional and argued that while rights are protected by the Constitution, they can be curtailed by any relevant government agency to ensure the peace, stability, unity, and security of the country.
Justice Bogoro upheld these arguments and dismissed SERAP’s case.