Justice Ambrose Lewis-Allagoa of the Federal High Court in Lagos has
restrained telecommunication operators in Nigeria from deactivating or
barring any line or sim which has not been linked to the National
Identification Number (NIN) by their subscribers.
Justice Lewis-Allagoa ruled while ruling on a suit filed by a lawyer,
Olukoya Ogungbeje, seeking to stop the move that infringed on his
fundamental rights.
Ogungbeje, in a suit numbered FHC/L/CS/667/23, 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.
Specifically, the lawyer had asked the court for an injunction pending
appeal, restraining 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, pending the hearing and determination of his appeal at
the Court of Appeal of Nigeria, against the judgment of this
Honourable Court delivered on May 8, 2023.
At the court’s last sitting, the judge was informed that none of the
respondents had filed their counter to the motion to the suit.
However, 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.
The applicant vehemently opposed the application because 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 after perusing the court file
acceded to the lawyer’s request and restrained the telecom operators
in the country from barring, deactivating and or restricting any SIM
cards or his phone Lines or of any Nigerian Citizen stated for 28 of
February 2024.
Justice Lewis-Allagoa also ruled that his order subsists till the
hearing and determination of the appeal filed by the lawyer.
Ogungbeje had informed 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
He listed ten grounds for seeking the application, which include;
“That sometimes in April 2022, the Appellant/Applicant herein took out
an Originating Summons against the Respondents challenging the action
of the Respondents in undermining the judicial powers of the Court and
the Nigerian legal system and thus infringing on the applicant’s
fundamental rights.
“That this Honourable Court, in a well-considered Judgment delivered
on the 8th of May 2023, dismissed the appellant/applicant originating
summons.
“The appellant/applicant, 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 rest of the 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 this Honourable 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,” he stated.
