SIM-NIN: Lawyer slams N10bn lawsuit against NCC for deactivating phone numbers

A lawyer from Lagos, Olukoya Ogungbeje, has filed a lawsuit against the Nigerian Communications Commission.

Ogungbeje filed a N10bn lawsuit on Monday at the Federal High Court in Lagos against the Nigerian Communications Commission and its Executive Vice Chairman/Chief Executive Officer, Dr Aminu Maida. The lawsuit claims that Nigerians have experienced inconvenience, discomfort, injury, and loss of business opportunities due to the blocking of their lines not linked to the National Identification Number.

In a legal case with reference number FHC/L/CS/363/2024, Ogungbeje requested that the respondents issue a public apology to the applicant and other impacted Nigerian citizens.

MTN Nigeria Communications Plc, Airtel Networks Nigeria, Globacom Limited, and Emerging Markets Telecommunication Services Ltd(9Mobile) are also involved in the lawsuit.

On February 22, 2024, a court order was issued prohibiting the respondents from blocking, deactivating, or limiting any phone lines/SIMs of the applicant and other Nigerians.

The NCC has instructed telecommunications providers to block phone subscribers who have not linked their NIN by February 28, 2024.

The NCC, which clarified that it was not involved in the lawsuit filed by the applicant, maintained that the deadline of February 28 for telecom operators to deactivate subscribers who did not link their SIM cards to NIN remains in place.

Ogungbeje is seeking a declaration regarding the actions taken by telecommunication companies in Nigeria, which have resulted in the barring, restricting, and deactivating of phone lines/SIMs since February 28. Despite a court order against these actions, he argues that they are wrongful, illegal, undemocratic, unconstitutional, and violate the fundamental rights of affected citizens.

He seeks “An order setting aside the entire directive and all its consequential effects in connection with the subject matter of this suit by the first, and second Respondents to the second, third, fourth, fifth and sixth respondents having been made in gross violation of a valid and subsisting order of Court granted against the Respondents.

“An order compelling the respondents to jointly and severally to immediately activate, debar, unblock and unrestrict the applicant’s phone lines/SIMs and that of the affected Nigerian citizens forthwith.

“An order compelling the respondents to jointly and severally tender a public apology to the applicant and other affected Nigerian citizens and to pay the sum of N10bn as general and exemplary damages for the prejudicial, wrongful and unconstitutional action of the respondents and the inconvenience, damages and injury caused the Applicant and other affected Nigerian citizens in flagrant violation of a valid and subsisting order of Court.”

In an affidavit in support of the originating motion, Ogungbeje said, “To my utmost shock, on February 28, 2024, I woke up only to discover that my phone lines have been barred, deactivated and restricted by the second, third, fourth, fifth and sixth respondents based on the mere directive of first and second Respondents despite a subsisting order of court.

“That act and action of the second, third, fourth, fifth and sixth respondents in barring, deactivating and restricting my phone lines and that of Nigerian citizens upon a mere directive by the first respondent without any order of the court and despite a valid and subsisting court order have caused me great loss of business opportunities, embarrassment, untold hardship, discomfort and inconvenience and hampered my business as a legal practitioner and a businessman,” he said.

Meanwhile, the Director of Public Affairs, Nigerian Communications Commission, Reuben Mouka, reacting said the commission has not been served but will ensure proper representation to defend its directive and actions.

Speaking in an interview, he said, “The commission has not received any notice on the new suit yet. In the previous one filed, we were not mentioned as respondents maybe that is why he is initiating another process which will go its normal course. If 10 people go to court today because they are barred, we have no choice but to follow them to court. If we are called to court, we will go there and defend ourselves and our actions.

“The National Identity Management Commission policy of SIM linkage is a policy of the federal government and it is a security issue and the operators are legally bound by this directive because it pertains to national security. They are also law-abiding organisations too.”