The Federal High Court in Lagos has issued an injunction preventing telecom operators in Nigeria from deactivating or blocking any phone line or SIM card that hasn’t been linked to the National Identification Number (NIN) of its user.
Justice Ambrose Lewis-Allagoa has restrained telecom operators from taking action against users who have not linked their phone lines or SIM cards to the National Identification Number (NIN), as ruled in response to an application filed by Lagos-based lawyer Olukoya Ogungbeje.
Ogungbeje filed a lawsuit against the Federal Government of Nigeria, the Attorney General of the Federation and Minister of Justice, MTN Nigeria Communications Plc, and Airtel Networks Nigeria Limited, all named respondents in the case.
In his application, Ogungbeje sought an injunction pending appeal, prohibiting the respondents from taking any action to deactivate, bar, or restrict SIM cards or phone lines of Nigerian citizens on Feb. 28, 2024, or any other scheduled date until his appeal is heard and determined by the Court of Appeal of Nigeria.
In April 2022, Ogungbeje had previously sued MTN when his telephone lines were barred, but the suit was dismissed for lack of merit. He subsequently filed an appeal, which is still pending in the court of appeal.
Upon learning that telecom operators were planning to deactivate subscribers’ lines not linked to NIN, scheduled for Feb. 28, Ogungbeje submitted his latest application to the court. He cited 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 the court’s inherent jurisdiction as the basis for his application.
“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.
“That the appellant/applicant being 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 res 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 the 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 supplemented the motion with a 23-paragraph affidavit along with a written address.
During the hearing on February 22, 2024, none of the respondents filed a counter to the motion.
However, after the applicant presented his motion, a lawyer from the Federal Ministry of Justice requested more time from the court to respond to the application.
The applicant vehemently opposed this request, asserting that all parties were served with the necessary documents and hearing notices, yet failed to file their counter affidavits.
After reviewing the documents presented, Justice Lewis-Allagoa confirmed that all respondents were duly served. He granted the lawyer’s request and issued an injunction restraining the country’s telecom operators from deactivating, barring, or restricting the applicant’s SIM cards or phone lines, as well as those of any Nigerian citizen, in the exercise scheduled for February 28, 2024.
Furthermore, Justice Lewis-Allagoa ruled that his order would remain in effect until the appeal filed by the lawyer is heard and determined.