Group challenges NCC plans on NIN registration
Doosuur Iwambe, Abuja
A nongovernmental organization under the aegis of Citizen’s Common Advocacy International (CCAI), has asked the Federal High Court to restrain the Nigerian Communications Commission (NCC), from carrying out the order requiring that the telecoms service provider disconnect all SIM cards not linked to the National Identity Numbers by December 30, 2021.
The plaintiff in suit no: FHC/ABJ/CS/ /2020 is seeking a perpetual injunction restraining the government and service providers from carrying out the order as it believes it is a violation of fundamental rights to freedom of expression of Nigerian Citizens as guaranteed by Section 39 of the Nigerian 1999 constitution (As amended).
Joined in the suit alongside the NCC are; the National Information Technology Development Agency, National Identity Management Commission, MTN Communications Limited, GLOBACOM Limited, Emerging Markets Telecommunications Services Limited and AIRTEL Networks Limited.
In the originating summons, Barrister Uche Amulu, who filed the process on behalf of the group, averred that the proposed blocking of SIM cards not linked with the National Identity Number is unlawful and unconstitutional.
They asked the court to declare null and void the mandatory use of NIN regulation 2017 which according to them was passed without complying with sections 57, 58, 59 and 60 of the NCC Act pursuant to which the directive of December, 15, 2017 was issued.
The group noted that the NCC published that there are about 198, 961, 361 active lines while there are only about 36, 894,074 NINs since inception. This, they said will create far-reaching violation of right to freedom of expression of over 100 million people.
In specific terms, the Applicants have asked the court for the following:
A DECLARATION that owning and operating a Telephone line or SIM Card is an exercise of right to freedom of expression as provided for and guaranteed in Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)
A DECLARATION that the proposed blocking of SIM Cards or Telephone lines that are not registered with National Identification Numbers (NINs) by the network operators will likely interfere with the Applicant’s members’ right to freedom of expression guaranteed under section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
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A DECLARATION that the directive on the propose blocking of SIM Cards on the directive of or by the Respondents on the ground of the non-registration of SIM Cards with National Identification Numbers (NINs) with the network operators is unlawful and unconstitutional as same is not stipulated by a law and not being a restriction that is reasonably justifiable in a democratic society as required by Section 45 of the Constitution of the Federal Republic of Nigeria 1999 (as amended)
PERPETUAL INJUNCTION restraining the Respondents from carrying out or giving effect to the directive on blocking of SIMs not registered with National Identification Numbers (NINs) by network operators until all Nigerians have been conveniently afforded the opportunity to register for and obtain valid NINs and update their SIM registration accordingly.
Meanwhile, no date has been fixed for the hearing of the suit.
