BARR. UBANI WINS LANDMARK JUDGMENT IN FAVOUR OF NIGERIA’S TELECOM USERS, COURT COMPELS FG TO EXTEND DEADLINE FOR NIN-SIM REGISTRATION BY EXTRA TWO MONTHS

By Oki Samson

All is well that ends well, they say. This is exactly what has happened in the annals of Nigerian judicial system today as the lawsuit of Monday Onyekachi Ubani vs. Federal Government of Nigeria and three others went the way of himself and 200 million other Nigerians.

The Applicant, human rights lawyer, Monday Onyekachi Ubani had dragged the Federal Government of Nigeria, Attorney General of the Federation (AGF) Abubakar Malami SAN, Nigerian Communications Commission (NCC), and Minister of Communications and Digital Economy, Isa Ali Pantami to court over the blockage of SIM cards of any Nigerian who doesn’t provide National Identity Number (NIN) at a stipulated time.

The former Vice President of Nigeria Bar Association (NBA), Barr. Ubani instituted fundamental rights enforcement action at the Federal High Court, Lagos, against Federal Government of Nigeria, Attorney General of the Federation, Nigerian Communications Commission, and Minister of Communications and Digital Economy seeking enforcement of his fundamental rights as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria. He contended that the initial two weeks ultimatum (now extended to 6th day of April, 2021) given to telecommunication operators to block SIM Cards of Nigerians who have not registered their SIM Card with NIN if allowed, will infringe on his Constitutionally guaranteed right to freedom of expression, right to own moveable property and right to life.

He therefore prayed the Court for an Order halting the said ultimatum and extending the deadline.

Yesterday, 23rd of March, 2021 Trek Africa Newspaper can authoritatively report that Hon. Justice M.A. Onyetenu of the Federal High Court granted all the Applicant’s reliefs. The landmark judgment reads:

1. A DECLARATION that the ultimatum given to telecommunications operators by the 1st, 3rd and 4th Respondents to block all Subscriber Identification Modules (SIM) cards that are not registered with National Identity Number (NIN), is grossly inadequate and will not only work severe hardship, but will likely infringe on the fundamental rights of the Applicant (and millions of other Nigerians) to freedom of expression as guaranteed by section 39(1)(2) of the 1999 constitution of the Federal Republic of Nigeria as well as violate section 44(1) of the 1999 constitution of the Federal Republic of Nigeria (as amended) which prohibits the compulsory acquisition of right or interest over moveable property.

2. A DECLARATION that in view of the covid-19 pandemic and the rising cases in Nigeria presently, the deadline given by the 1st, 3rd and 4th Respondents to the Applicant and over 200 million Nigerians to register their SIM Cards with NIN, will lead to a rush, thereby resulting to clustering of the Applicant and other Nigerian citizens in a NIN registration centre, subjecting him to the possibility of easily contracting the covid-19 virus, and such will amount to a violation of his fundamental right to life as protected by section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

3. AN ORDER halting the said ultimatum given by the 1st, 3rd and 4th Respondents to telecommunication operators to block all SIM Cards that are not registered with the National Identity Numbers (NIN).

4. AN ORDER directing the 1st, 3rd and 4th Respondents to extend the deadline for the registration of SIM Cards with NIN for a further two months with effect from the 23rd day of March, 2021.

The People’s Barrister, Monday Ubani expressed his joy and confidence in the Nigerian Judiciary as hope of the common masses to Trek Africa Newspaper said this judgment will further strengthen the rule of law and fundamental human rights as pillars of democracy in the Nigeria.

Trekafrica.net