By Onyewuchi Ojinnaka
Judgement on the suit filed by former second vice chairman of the Nigeria Bar Association (NBA), Monday Ubani, challenging the Federal government of Nigeria directive over compulsory update of subscribers’ SIMs with National Identification Number will be delivered on February 8 by a Federal High Court in Lagos.
In the suit filed at the Federal High Court, Lagos, Mr Ubani sought to enforce his fundamental rights in the originating summons, brought pursuant to Section 44(1), 39(1)(2) and 33(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and under the inherent jurisdiction of the court as preserved by Section 6 of the 1999 constitution (as amended).
When the case came up for hearing on January 1, 2021, the Applicant’s counsel Mr Joseph Igwe, having satisfied the court that all the respondents have been served since December 2020, was asked to move his client’s application. After moving his application, the matter was adjourned to February 2, 2021 for judgement.
However, before the adjourned date for judgement, one of the respondents approached the court and filed a counter motion to arrest the judgement.
In their pleading, they respondents argued that the applicant has no locus standi and has not complied with Pre-action notice as required by the NCC Act.
The court was magnanimous in accommodating respondent’s belated processes but warned that all parties must be served timeously. The applicant (Mr Ubani) was mandated to respond to the preliminary objection within 48 hours.
Hearing and judgement of the case was then fixed for Monday, February 8, 2021.
Recall that Nigerians were jolted recently when Nigerian Communication Commission (NCC) rolled out new measures for mobile phone SIM users which include compulsory update of their SIMS with valid National Identification Number.
Amongst measures adopted by the Commission and insisted that it should be implemented by all Network Operators are:
To suspend registration of New SIMS by all operators; to require all the subscribers to provide valid National Identification Number(NIN) to update SIM registration records; to ensure that the submission of NIN by subscribers should be completed within two weeks from December 16 to December 30, 2020; and to block all subscribers whose SIM card is not linked to NIN after the deadline.
A Ministerial Task force comprising the Minister of Communication and Digital Economy and the Chief Operating Officers of the various Telecommunication Companies and other stakeholders were mandated to ensure compliance.
This inconsiderate policy, by the Federal government prompted the former second vice president of Nigeria Bar Association (NBA) Monday Ubani to take a proactive and practicable step by suing the Federal Government (FG).
He joined the Attorney General of the Federation (AGF), Nigeria Communication Commission (NCC) and the Minister of Communications and Digital Economy as defendants.
Ubani asked for an order of the court stopping the two weeks ultimatum given by the respondents to telecommunication operators to block all SIM Cards.
Besides, the lawyer prayed for an order directing the respondents to extend the deadline for the registration of SIM Cards with NIN for at least one year or to such period of time as the court may consider reasonable.
The fact remains that if between 2012 and now, the country is only able to register about 56 million Nigerians, one is clearly at a loss on how the same country will perform the magic of registering about 70 million subscribers within a period of 4 months, which is between January and April, 2021 as extended recently to 6th of April, 2021.
Mr Ubani is insisting that whether December last year or April, 2021 his fundamental rights to property, life, freedom of expression are likely to be infringed upon by the illogical deadline announced by the stakeholders in the telecom industry and insist on the intervention of the court to protect his rights.
Recent chaotic scenes at NIMC registration centres across the country demonstrate the lack of wisdom in insisting on the said earlier or later deadline as the situation on ground depicts flagrant non-adherence to the simple social distancing protocols as established by the National Taskforce on Covid 19 pandemic, thereby endangering lives.
The nation anxiously awaits the pronouncement of the court on this important fundamental human rights case that will affect millions of Nigerians.