NGO Tells Court To Declare NCC’s Directive Over Sim Card Deactivation Unconstitutional

Citizens Common Advocacy International, an Abuja based
non-profit has approached the Federal High Court sitting in Abuja
for an order of interim injunction to stop the implementation of
the Nigerian Communication Commission (NCC) regulation directing
telecommunication companies to disconnect mobiles lines of
Nigerians by 30th December 2020 for failure to link National
Identity Numbers.

The suit referenced FHC/ABJ/CS/CS/1706/2020 argues that the new
regulation made by the NCC is inconsistent with Sections 37 and 39
of the Nigerian constitution, as well as Article 9 of the African
Charter Human and People’s Rights, thus constitute a threat to the
constitutionally protected right to privacy, freedom of expression
of all citizens and residents in Nigeria (who are mobile phone
users).

The suit further argues that the regulation is illegal, null,
and void because the NCC did not follow the prescribed rulemaking
process as stipulated in sections 57(3), 70 and 72 of the Nigerians
Communications Act.

Amongst other reliefs, the public interest suit sought a
declaration by the Court that the new regulation from the NCC as
unconstitutional and violates that rights of Nigerians and
residents who utilise telecommunication platforms as a means of
expression. It further sought a declaration that the measures by
way of regulations made by the NCC direction Telcos to block the
mobile sims of mobiles phones users without NINs linked without
complying with regulation-making process stipulated under sections
57(3), 70 and 72 of the Nigerians Communications Act is illegal,
null and void.

Commenting on the suit the Lead Program Advisor and Ag Chief
Executive of the organisation, Mr Olalekan Oshunkoya said that
“This is an overreach of the regulatory power of the NCC, it is
unthinkable that a regulatory policy with such far-reaching
consequences on the majority of Nigerians’ social, economic and
political lives was designed without the required consultation and
blatant disregard to the law that gave NCC its mandate, as well as
the constitutional rights of Nigerians.”

The suits also joined as co-defendants the National Information
Technology Development Agency (NITDA), National Identity Management
Commission (NIMC), the four leading telecommunication companies –
MTN Communications Ltd, Globalcom Limited, Emerging Markets
Telecommunications Services Ltd and Airtel Networks Limited.

Citizens Common Advocacy International, an Abuja based
non-profit has approached the Federal High Court sitting in Abuja
for an order of interim injunction to stop the implementation of
the Nigerian Communication Commission (NCC) regulation directing
telecommunication companies to disconnect mobiles lines of
Nigerians by 30th December 2020 for failure to link National
Identity Numbers.

The suit referenced FHC/ABJ/CS/CS/1706/2020 argues that the new
regulation made by the NCC is inconsistent with Sections 37 and 39
of the Nigerian constitution, as well as Article 9 of the African
Charter Human and People’s Rights, thus constitute a threat to the
constitutionally protected right to privacy, freedom of expression
of all citizens and residents in Nigeria (who are mobile phone
users).

The suit further argues that the regulation is illegal, null,
and void because the NCC did not follow the prescribed rulemaking
process as stipulated in sections 57(3), 70 and 72 of the Nigerians
Communications Act.

Amongst other reliefs, the public interest suit sought a
declaration by the Court that the new regulation from the NCC as
unconstitutional and violates that rights of Nigerians and
residents who utilise telecommunication platforms as a means of
expression. It further sought a declaration that the measures by
way of regulations made by the NCC direction Telcos to block the
mobile sims of mobiles phones users without NINs linked without
complying with regulation-making process stipulated under sections
57(3), 70 and 72 of the Nigerians Communications Act is illegal,
null and void.

Commenting on the suit the Lead Program Advisor and Ag Chief
Executive of the organisation, Mr Olalekan Oshunkoya said that
“This is an overreach of the regulatory power of the NCC, it is
unthinkable that a regulatory policy with such far-reaching
consequences on the majority of Nigerians’ social, economic and
political lives was designed without the required consultation and
blatant disregard to the law that gave NCC its mandate, as well as
the constitutional rights of Nigerians.”

The suits also joined as co-defendants the National Information
Technology Development Agency (NITDA), National Identity Management
Commission (NIMC), the four leading telecommunication companies –
MTN Communications Ltd, Globalcom Limited, Emerging Markets
Telecommunications Services Ltd and Airtel Networks Limited.