The Federal High Court in Lagos has ordered telecom companies in Nigeria not to deactivate or block any phone line or SIM card that has not been linked to the National Identification Number (NIN).
The decision was made by Justice Ambrose Lewis-Allagoa in response to a request from a lawyer named Olukoya Ogungbeje.
Ogungbeje had taken legal action against the Federal Government of Nigeria, the Attorney General of the Federation and Minister of Justice, MTN Nigeria Communications Plc, and Airtel Networks Nigeria Limited.
He asked the court to prevent these parties from deactivating or restricting any SIM cards or phone lines of Nigerian citizens on February 28, 2024, or any other future date until his appeal is heard and decided by the Court of Appeal in Nigeria.
In April 2022, Mr. Ogungbeje filed a lawsuit against MTN because his phone lines were blocked. The court initially dismissed his case, but he appealed the decision, which is still pending in the court of appeal.
Upon learning that telecom operators planned to deactivate phone lines not linked to NIN by February 28, Ogungbeje filed a new application in court. He cited specific legal provisions, including Order 26 Rule 1 of the Federal High Court (Civil Procedure) Rules 2019, Section 36 of the Nigerian Constitution, Section 6 (6)(B) of the Constitution, and the court’s inherent jurisdiction.
Ogungbeje listed 10 reasons for his application, one of which was that in April 2022, he had filed a lawsuit against MTN for undermining the court’s authority and infringing on his rights. Despite the court’s previous dismissal of his case in May 2023, he is now seeking a new legal remedy.
“That the appellant/applicant being dissatisfied with the Judgment has exercised his constitutional right of appeal by lodging a Notice of Appeal against the Judgment of this Honourable Court on the 26th of July 2023 by the lower Court.
“That the Appellant/applicant’s appeal is against the whole decision contained in the Judgment of this Honourable Court
“That the Respondents are aware of the appellant/applicant’s appeal to the Court of Appeal of Nigeria as the Respondents have since been duly served with the Appellant/Applicant’s Notice of Appeal.
“That despite the pendency of the appellant/applicant’s appeal, efforts are in top gear by the respondents specifically on the 28th of February 2024, to ensure further and outright barring, deactivating and restricting of SIM cards and Phone lines of the Applicant and that of Nigerian citizens.
“That the appellant/applicant appeal to the Court of Appeal of Nigeria “has a high degree of success against the Respondents
“There is the need to preserve the res subject matter of the appeal pending the hearing and determination of the Appellant/Applicant appeal at the Court of Appeal of Nigeria.
“That the appellant/applicant is desirously interested in diligently pursuing the instant appeal that has raised a novel and recondite issue substantially jurisprudential constituting an exceptional circumstance in which the Court can grant an application of this nature
“That the Court has the power and jurisdiction to grant application of this nature in the interest of Justice.”
During the hearing on February 22, 2024, the applicant supported his motion with a 23-paragraph affidavit and a written address.
None of the respondents filed a counter to the motion. However, a lawyer from the Federal Ministry of Justice requested more time to respond after the applicant had presented his application.
The applicant strongly opposed this request, stating that all parties were served with the necessary documents and hearing notice but failed to file their counter affidavits.
After reviewing the documents, Justice Lewis-Allagoa confirmed that all respondents were properly served. He granted the lawyer’s request for more time and ordered that the telecom operators in the country should not block, deactivate, or restrict the applicant’s SIM cards or phone lines, or those of any Nigerian citizen, until February 28, 2024.
Justice Lewis-Allagoa also stated that his order would remain in effect until the appeal filed by the lawyer is heard and determined.
