By Jude-Ken Ojinnaka
A legal practitioner and human rights advocate, Mr Olukoya Ogungbeje, on Monday, filed a suit before a Federal High Court Lagos, against telecommunications companies in Nigeria, claiming the sum of N10 billion as damages for recent restrictions placed on phone lines of Nigeria citizens
The respondents to the suit are Nigerian Communications Commission (NCC), the Executive Vice Chairman and Chief Executive Officer (CEO) of Nigerian Communications Commission, Dr. Aminu Mada.
Other respondents are: MTN Nigeria Communications Plc, Airtel Networks Nigeria Ltd., Globacom Ltd and Emerging Markets Telecommunication Services Ltd. (EMTS 9Mobile).
Mr Olukoya Ogungbeje filed the suit by Originating Motion brought under Sections 36 and 56 of the 1999 Constitution of the Federal Republic of Nigeria, Order 11, Rule 1 of the Fundamental Rights (Enforcement Procedure Rules 2009.
In his affidavit, Ogungbeje (applicant) avers that sometime in January, the respondents had threatened to bar or deactivate the mobile lines of Nigerians, whose phone lines were not linked with their National Identification Number (NIN).
He avers that following this threat. he had proceeded to court and had obtained an order on February 22, restraining the respondents from barring or deactivating the phone lines of Nigerians, pending determination of the suit.
According to the applicant, to his amazement, he discovered that on February 28, his mobile lines as well as those of many Nigerians, had been barred by the respondents in defiance to a subsisting court order.
Therefore applicant in the suit seeks a declaration that the act by the respondents in barring and deactivating the lines of Nigerians from February 28 till date, in spite of a subsisting court order, is wrongful and illegal .
He seeks a declaration that the respondents being a creation of law, are subject to the court of law and its judicial powers, and are under an obligation to obey same.
He consequently, seeks an order, setting aside the entire directives restricting the phone lines of Nigerians .
The applicant also wants an order directing the respondents to immediately unlock and unrestrict the phone lines of the affected Nigerians.
He claims the sum of N10 billion against the telecommunication companies, as exemplary damages for their unlawful restrictions on phone lines of Nigerians.
Applicant further want an order of perpetual injunction restraining the respondents from taking further steps or action against such affected citizens in relation to the facts of the case.
No date has been fixed for hearing of the new suit.