By Onyewuchi Ojinnaka
Justice Mohammed Liman of a Federal High Court sitting in Lagos on Monday fixed February 15 for hearing of the suit filed by a lawyer, Chief Malcolm Omirhobo challenging the ongoing process of linkage of National Identification Number (NIN) with Mobile lines.
The judge fixed the date for service of notices to all parties in the suit after the Chief Malcom Omirhobo (plaintiff) had informed the court of his process.
Omirhobo had sued the National Identity Management Commission (NIMC) alongside others over alleged coercion on citizens to link their NIN within a stipulated time frame, without adherence to Covid 19 protocols.
Joined as defendants in the suit are the Attorney General of the Federation; Minister of Communications and Digital Economy; Nigeria Communications Commission (NCC); the DG NIMC, and the National Information Technology Development Agency (NITDA).
Other defendants are: MTN Nigeria Communications Plc; GLOBACOM Ltd; Airtel Networks Ltd (Airtel Nigeria) and the Emerging Markets Telecommunication Services Ltd, EMTS 9 Mobile.
The plaintiff who is suing for himself and on behalf of all Nigerians, filed his suit under the provisions of the fundamental rights enforcement rules enshrined in the 1999 constitution.
When the case was called on Monday, Omirhobo announced appearance as appearing in person, and informed the court of his ex-parte motion as well as an affidavit of urgency attached.
He told the court that in the midst of the prevailing Covid 19 pandemic, it was too risky to proceed with the process, adding that further steps should be stopped, pending determination of the suit.
The presiding judge then asked the plaintiff if he had any written document specifying the deadline for the registration and the plaintiff told the court that there were online publications to the effect that the new deadline extension was February 9.
The judge consequently, ordered that all parties be served with the processes and he fixed February 15 to hear both the motion for interlocutory injunction as well as the substantive suit, while he struck out the ex-parte motion.
In the suit, the plaintiff wants the court to declare that Nigerians are entitled to the fundamental right to life, dignity of human person, right to private and family life, freedom of expression, freedom of peaceful assembly and association and the right to moveable property.
The lawyer is asking the court to declare that the respondents’ coercion of the applicant and Nigerians without themselves first complying with the COVID-19 guidelines is a violation of the fundamental right to life of Nigerians .
According to him, the threat by the respondents to disconnect the telephone lines of Nigerians, who fail to link their NIN to their SIM cards within a timeline is a violation of the fundamental right to life of the applicant and Nigerians.
He submitted that the directive led millions of Nigerians besieging various NIMC offices nationwide in breach of COVID-19 protocols, while trying to comply with the said directives and in the process exposed themselves to the likelihood of contracting Corona virus.
Omirhobo, therefore, prayed the court to declare such decisions “illegal, unlawful and unconstitutional”.
He added that the directive to make the presentation of NIN a condition-precedent for the retrieval of lost and/or damaged telephone lines is a violation of the fundamental right of Nigerians and therefore illegal, unlawful and unconstitutional.
Furthermore, he prayed the court to make an order for the enforcement of the fundamental right to life, dignity of human person, right to private and family life, freedom of expression, freedom of peaceful assembly and association and the right to moveable property of Nigerians.
Besides, he prayed the court to compel the respondents to resume the sale of new SIM cards, replace lost or damaged SIM cards to Nigerians as well as issue a public apology to the plaintiff and the general public.
