NIN-SIM Linkage: Court Stops Telcos from Deactivating Subscribers’ Lines

By Modupe Gbadeyanka

Telecommunication operators in Nigeria have been restrained from deactivating the phone lines of their subscribers who fail to link their SIMs to the National Identification Numbers (NINs) as directed by the federal government.

This directive was given by Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos in a suit filed by a lawyer, Mr Olukoya Ogungbeje, who argued that the action was an infringement on his fundamental rights.

The Nigerian Communications Commission (NCC), the regulatory agency for the telecommunications sector in the country, had ordered GSM network providers to deactivate all phone lines not linked to NIN by Wednesday, February 28, 2024, as part of efforts to address insecurity.

But Mr Ogungbeje ran to the court to stop this action, pending the hearing and determination of his appeal at the Court of Appeal of Nigeria, against the judgment of a court delivered on May 8, 2023.

In the suit numbered FHC/L/CS/667/23, he joined the Federal Government of Nigeria, the Attorney General of the Federation and Minister of Justice, MTN Nigeria Communications Plc and Airtel Networks Nigeria Limited as respondents.

He told the court that his motion on notice is premised under Order 26 Rule 1 of the Federal High Court (Civil Procedure) Rules 2019; Section 36 of the Constitution of the Federal Republic of Nigeria (as amended); Section 6 (6)(B) of the Constitution of the Federal Republic of Nigeria and under the court’s inherent jurisdiction.

According to him, pending an appeal, the court should restrain all the respondents jointly or severally, whether by themselves or their agents, outlets, agencies, privies, officials, servants, men, parastatals, units, organs, or anybody or person, however, so called, from taking any step or action capable of enforcing the judgment in any way and from further outright barring, deactivating and or restricting any SIM cards or his phone Lines, or of any Nigerian citizen, slated for February 28, 2024, or any other scheduled date.

At the court’s last sitting, after the applicant had moved his application, a lawyer from the Federal Ministry of Justice pleaded with the court that he needed more time to respond to the motion.

This was opposed by the applicant, who argued that all parties were served with all the processes and the hearing notice in the matter but failed to file counters.

Justice Lewis-Allagoa, in his ruling, granted the prayer of the lawyer and restrained the telecom operators from barring, deactivating and or restricting any SIM cards or his phone lines or of any Nigerian citizen as earlier planned, noting that his order subsists till the hearing and determination of the appeal filed by the applicant.