Fmr. NBA 2nd VP, Ubani Writes AGF, Malami (SAN) Demands Compliance With Judgment On NIN Extension

Human rights lawyer, Monday Ubani, on Tuesday, asked the
Attorney-General of the Federation, Abubakar Malami(SAN), to
immediately comply with a Federal High Court judgment extending the
time for National Identify Number, NIN, by two months.

Delivering judgment in a suit filed by Ubani, Justice M. A.
Onyetenu last week held that the initial two weeks ultimatum (now
extended to April 6) given to telecommunication operators to block
SIM cards of Nigerians who have not registered their SIM Card with
NIN, if allowed, constitutes an infringement on their
constitutionally-guaranteed right to freedom of expression, right
to own moveable property and right to life.

The judge subsequently extended the new deadline for another two
months effective from March 23.

In a letter dated March 30, 2021, Ubani asked the AGF to
properly advice the Minister of Communications and Digital Economy
to respect the court judgment and announce the extension of the new
court-ordered deadline.

Below read the full text of his
letter.

30th March, 2021.

Hon. Abubakar Malami, (SAN.)
Attorney General of the Federation and Honourable Minister,
Federal Ministry of Justice,
Plot 71B Shehu Shagari Way Maitama,
FCT Abuja.

Dear sir,

NOTIFICATION TO COMPLY WITH JUDGEMENT IN
FHC/L/CS/1834/2020 BETWEEN MR. MONDAY ONYEKACHI UBANI VS. FEDERAL
GOVERNMENT OF NIGERIA, ATTORNEY GENERAL OF THE FEDERATION, NIGERIAN
COMMUNICATIONS COMMISSION AND MINISTER OF COMMUNICATIONS AND
DIGITAL ECONOMY.

I write to inform you that on Tuesday March 23rd 2021, the
Federal High Court sitting in Ikoyi Lagos as per Justice M.A.
Onyetenu, with regards to the aforementioned law suit entered
judgment in my favour. The judgement is to the effect that the
ultimatum of 9th April 2021, given to telecommunication operators
by the Federal Government to block all SIM Cards that are not yet
registered with the National Identity Numbers (NIN) be halted as
the timeline is grossly inadequate and will not only work severe
hardship, but will likely infringe on my fundamental rights (and
millions of other Nigerians) to freedom of expression as guaranteed
by section 39(1)(2) of the 1999 Constitution of The Federal
Republic of Nigeria as well as section 44(1) of the 1999
Constitution of The Federal Republic of Nigeria (as amended) which
prohibits the compulsory acquisition of right or interest over
movable property.

The Court further declared that in view of the Covid-19
pandemic and the rising cases in Nigeria presently, the deadline
given to myself and over 200 million Nigerians to register their
sim cards with NIN, will lead to a rush, thereby resulting in
clustering of I and other Nigerian citizens in a NIN registration
centre, subjecting us to the possibility of easily contracting the
deadly and dreaded Covid-19 Virus, and such will amount to a
violation of our fundamental right to life as protected by section
33(1) of the 1999 Constitution of the Federal Republic of Nigeria
(as amended).

The Honourable Court directed that the Federal Government of
Nigeria, Nigerian Communications Commission and Minister of
Communications and Digital Economy to extend the deadline for the
registration of SIM Cards with NIN for at least another 2 months
from Tuesday March 23rd 2021.

I therefore urge you to use your good office to advice the
Honourable Minister for Communications and Digital Economy, to
respect our judiciary by complying with the above stated orders of
court. I further appeal to you to advise the honourable minister to
review his stand on the ultimatum for the registration of SIM Cards
with NIN beyond the duration declared by the honourable court to at
least a year, this is to give a soft landing to the greater
majority of Nigerians who are yet to be captured by the National
Identity Management Commission and ensure that a good number of
Nigerians are accommodated within the timeline of one
year.
Thanks for your anticipated co-operation.

Yours Faithfully,

______
M.O UBANI ESQ.
Principal Partner Ubani & Co.
08033019746
ubangwa@gmail.com

C.c;
The Honourable Minister, Federal Ministry of Communications and
Digital Economy.
Nigerian Communications Commission.
MTN Nigeria Communications Limited.
Airtel Networks Limited Nigeria.
Globacom Limited.
Emerging Markets Telecommunication Services Limited (9Mobile).

Encl;
Copy of the Judgement.

Human rights lawyer, Monday Ubani, on Tuesday, asked the
Attorney-General of the Federation, Abubakar Malami(SAN), to
immediately comply with a Federal High Court judgment extending the
time for National Identify Number, NIN, by two months.

Delivering judgment in a suit filed by Ubani, Justice M. A.
Onyetenu last week held that the initial two weeks ultimatum (now
extended to April 6) given to telecommunication operators to block
SIM cards of Nigerians who have not registered their SIM Card with
NIN, if allowed, constitutes an infringement on their
constitutionally-guaranteed right to freedom of expression, right
to own moveable property and right to life.

The judge subsequently extended the new deadline for another two
months effective from March 23.

In a letter dated March 30, 2021, Ubani asked the AGF to
properly advice the Minister of Communications and Digital Economy
to respect the court judgment and announce the extension of the new
court-ordered deadline.

Below read the full text of his
letter.

30th March, 2021.

Hon. Abubakar Malami, (SAN.)
Attorney General of the Federation and Honourable Minister,
Federal Ministry of Justice,
Plot 71B Shehu Shagari Way Maitama,
FCT Abuja.

Dear sir,

NOTIFICATION TO COMPLY WITH JUDGEMENT IN
FHC/L/CS/1834/2020 BETWEEN MR. MONDAY ONYEKACHI UBANI VS. FEDERAL
GOVERNMENT OF NIGERIA, ATTORNEY GENERAL OF THE FEDERATION, NIGERIAN
COMMUNICATIONS COMMISSION AND MINISTER OF COMMUNICATIONS AND
DIGITAL ECONOMY.

I write to inform you that on Tuesday March 23rd 2021, the
Federal High Court sitting in Ikoyi Lagos as per Justice M.A.
Onyetenu, with regards to the aforementioned law suit entered
judgment in my favour. The judgement is to the effect that the
ultimatum of 9th April 2021, given to telecommunication operators
by the Federal Government to block all SIM Cards that are not yet
registered with the National Identity Numbers (NIN) be halted as
the timeline is grossly inadequate and will not only work severe
hardship, but will likely infringe on my fundamental rights (and
millions of other Nigerians) to freedom of expression as guaranteed
by section 39(1)(2) of the 1999 Constitution of The Federal
Republic of Nigeria as well as section 44(1) of the 1999
Constitution of The Federal Republic of Nigeria (as amended) which
prohibits the compulsory acquisition of right or interest over
movable property.

The Court further declared that in view of the Covid-19
pandemic and the rising cases in Nigeria presently, the deadline
given to myself and over 200 million Nigerians to register their
sim cards with NIN, will lead to a rush, thereby resulting in
clustering of I and other Nigerian citizens in a NIN registration
centre, subjecting us to the possibility of easily contracting the
deadly and dreaded Covid-19 Virus, and such will amount to a
violation of our fundamental right to life as protected by section
33(1) of the 1999 Constitution of the Federal Republic of Nigeria
(as amended).

The Honourable Court directed that the Federal Government of
Nigeria, Nigerian Communications Commission and Minister of
Communications and Digital Economy to extend the deadline for the
registration of SIM Cards with NIN for at least another 2 months
from Tuesday March 23rd 2021.

I therefore urge you to use your good office to advice the
Honourable Minister for Communications and Digital Economy, to
respect our judiciary by complying with the above stated orders of
court. I further appeal to you to advise the honourable minister to
review his stand on the ultimatum for the registration of SIM Cards
with NIN beyond the duration declared by the honourable court to at
least a year, this is to give a soft landing to the greater
majority of Nigerians who are yet to be captured by the National
Identity Management Commission and ensure that a good number of
Nigerians are accommodated within the timeline of one
year.
Thanks for your anticipated co-operation.

Yours Faithfully,

______
M.O UBANI ESQ.
Principal Partner Ubani & Co.
08033019746
ubangwa@gmail.com

C.c;
The Honourable Minister, Federal Ministry of Communications and
Digital Economy.
Nigerian Communications Commission.
MTN Nigeria Communications Limited.
Airtel Networks Limited Nigeria.
Globacom Limited.
Emerging Markets Telecommunication Services Limited (9Mobile).

Encl;
Copy of the Judgement.