Civil Society Groups Sue Minister, NCC, Others Over Blocking Of Telephone Lines

Paradigm Initiative and Digital Rights Lawyers Initiative have
dragged the Minister of Communications and Digital Economy,
Ministry of Communication and four network operators including MTN,
GLO, AIRTEL and Etisalat before the Federal High Court sitting in
Lagos.

In the suit filed on Thursday 17 December, 2020 and marked
FHC/CS/LS/ /2020, the applicants are asking the court to declare
that the proposed blocking of SIM Cards that are not registered
with National Identification Numbers (NINs) will likely interfere
with the right to freedom of expression of their members. The
Applicant in the suit contended that owning and using a Telephone
Line or SIM Card is an exercise of right to freedom of
expression.

The Applicants, therefore, argued that the proposed blocking
will interfere with the right to freedom of expression of their
members. Applicants therefore urged the court to declare that the
proposed blocking of telephone lines not registered with the NINs
as unlawful and unconstitutional as the directive stipulating the
proposed blocking is not a law and that only a law can be applied
to limit fundamental human rights in due observance with the
provisions of the constitution.
 
Speaking on the suit, lawyers to the Applicants, Solomon Okedara
and Irene Chkuwukelu stated that implementation of the proposed
blocking will have devastating effect on freedom of expression of
millions of Nigerians. The lawyers noted that the Nigerian
Communications Commission (NCC) published that there are about 198,
961, 361 active lines while there are only about 36, 894, ,074 NINs
since inception. This, the lawyers noted, will create far-reaching
violation of right to freedom of expression of over 100 million
people.
 
In specific terms, the Applicants have asked the court for the
following:

A DECLARATION that owning and operating a Telephone line or SIM
Card is an exercise of right to freedom of expression as provided
for and guaranteed in Section 39 of the Constitution of the Federal
Republic of Nigeria, 1999 (as amended)

A DECLARATION that the proposed blocking of SIM Cards or
Telephone lines that are not registered with National
Identification Numbers (NINs) by the network operators will likely
interfere with the Applicant’s members’ right to freedom of
expression guaranteed under section 39 of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended).

A DECLARATION that the directive on the propose blocking of SIM
Cards on the directive of or by the Respondents on the ground of
the non-registration of SIM Cards with National Identification
Numbers (NINs) with the network operators is unlawful and
unconstitutional as same is not stipulated by a law and not being a
restriction that is reasonably justifiable in a democratic society
as required by Section 45 of the Constitution of the Federal
Republic of Nigeria 1999 (as amended)
 
PERPETUAL INJUNCTION restraining the Respondents from carrying out
or giving effect to the directive on blocking of SIMs not
registered with National Identification Numbers (NINs) by network
operators until all Nigerians have been conveniently afforded the
opportunity to register for and obtain valid NINs and update their
SIM registration accordingly.
 
AN ORDER awarding a cost of One Million Naira only (N1,000,000) to
the Applicant as the cost of this suit.
 
CONSEQUENTIAL ORDER(S) as this honourable court may deem fit to
make in the circumstance.

Paradigm Initiative and Digital Rights Lawyers Initiative have
dragged the Minister of Communications and Digital Economy,
Ministry of Communication and four network operators including MTN,
GLO, AIRTEL and Etisalat before the Federal High Court sitting in
Lagos.

In the suit filed on Thursday 17 December, 2020 and marked
FHC/CS/LS/ /2020, the applicants are asking the court to declare
that the proposed blocking of SIM Cards that are not registered
with National Identification Numbers (NINs) will likely interfere
with the right to freedom of expression of their members. The
Applicant in the suit contended that owning and using a Telephone
Line or SIM Card is an exercise of right to freedom of
expression.

The Applicants, therefore, argued that the proposed blocking
will interfere with the right to freedom of expression of their
members. Applicants therefore urged the court to declare that the
proposed blocking of telephone lines not registered with the NINs
as unlawful and unconstitutional as the directive stipulating the
proposed blocking is not a law and that only a law can be applied
to limit fundamental human rights in due observance with the
provisions of the constitution.
 
Speaking on the suit, lawyers to the Applicants, Solomon Okedara
and Irene Chkuwukelu stated that implementation of the proposed
blocking will have devastating effect on freedom of expression of
millions of Nigerians. The lawyers noted that the Nigerian
Communications Commission (NCC) published that there are about 198,
961, 361 active lines while there are only about 36, 894, ,074 NINs
since inception. This, the lawyers noted, will create far-reaching
violation of right to freedom of expression of over 100 million
people.
 
In specific terms, the Applicants have asked the court for the
following:

A DECLARATION that owning and operating a Telephone line or SIM
Card is an exercise of right to freedom of expression as provided
for and guaranteed in Section 39 of the Constitution of the Federal
Republic of Nigeria, 1999 (as amended)

A DECLARATION that the proposed blocking of SIM Cards or
Telephone lines that are not registered with National
Identification Numbers (NINs) by the network operators will likely
interfere with the Applicant’s members’ right to freedom of
expression guaranteed under section 39 of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended).

A DECLARATION that the directive on the propose blocking of SIM
Cards on the directive of or by the Respondents on the ground of
the non-registration of SIM Cards with National Identification
Numbers (NINs) with the network operators is unlawful and
unconstitutional as same is not stipulated by a law and not being a
restriction that is reasonably justifiable in a democratic society
as required by Section 45 of the Constitution of the Federal
Republic of Nigeria 1999 (as amended)
 
PERPETUAL INJUNCTION restraining the Respondents from carrying out
or giving effect to the directive on blocking of SIMs not
registered with National Identification Numbers (NINs) by network
operators until all Nigerians have been conveniently afforded the
opportunity to register for and obtain valid NINs and update their
SIM registration accordingly.
 
AN ORDER awarding a cost of One Million Naira only (N1,000,000) to
the Applicant as the cost of this suit.
 
CONSEQUENTIAL ORDER(S) as this honourable court may deem fit to
make in the circumstance.