In a recent development, a Federal High Court in Lagos has issued a restraining order preventing telecom operators in the country from deactivating or barring any line or SIM card whose user has not linked their National Identification Number (NIN).
This significant ruling came from the bench of Justice Ambrose Lewis-Allagoa on February 22, 2024, responding to an application for restraining orders filed by rights activist Olukoya Ogungbeje.
Ogungbeje, in a bold move, took legal action against the federal government, the Attorney General of the Federation and Minister of Justice, MTN Nigeria Communications Plc, and Airtel Networks Nigeria Limited. The application sought an injunction pending appeal, urging the court to prevent the respondents from enforcing a judgment delivered on May 8, 2023, against the appellant.
The rights activist outlined ten grounds for his application, emphasizing the infringement on fundamental rights and the respondents’ alleged undermining of judicial powers. In its judgment delivered on May 8, 2023, the court dismissed Ogungbeje’s suit, leading him to exercise his constitutional right of appeal by filing a notice on July 26, 2023.
The restraining order issued by Justice Lewis-Allagoa is temporary, however, it prohibits telecom operators from outrightly barring, deactivating, or restricting any SIM cards or phone lines linked to any Nigerian citizen. This restriction is slated to be in effect until the hearing and determination of Ogungbeje’s appeal at the Court of Appeal.
The decision highlights the ongoing legal saga surrounding the NIN linking mandate, focusing on the delicate balance between national security measures and individual rights. As the legal proceedings unfold, the nation awaits further developments in this evolving narrative.
