Telecom companies in Nigeria are prohibited by the Federal High Court in Lagos from deactivating or blocking any line or SIM card whose owner has not linked it to the National Identity Number (NIN).
Judge Ambrose Lewis-Allagoa, while deciding a motion from Lagos-based attorney Olukoya Ogungbeje, banned the telecom companies from acting in this manner.
The Federal Government of Nigeria, the Attorney General of the Federation, the Minister of Justice, MTN Nigeria Communications Plc, and Airtel Networks Nigeria Limited were all included as respondents in the court filing filed by the applicant, Ogungbeje.
In particular, Ogungbeje requested an injunction pending appeal from the court that would prohibit all respondents, either jointly or severally, from acting in any way and from preventing any further action, including barring, deactivating, or restricting any SIM cards or phone lines belonging to Nigerian citizens, on February 28, 2024, or any other scheduled date, until the Court of Appeal of Nigeria hears and rules on his appeal.
Mr. Ogungbeje filed a lawsuit against MTN at some point in April 2022 after his phone lines were shut off. His lawsuit was dismissed at the time by the court for lack of merit. He then filed an appeal, which the court of appeals is currently considering.
Ogungbeje filed his most recent motion with the court after learning that telecom companies planned to disconnect customer lines that were not connected to NIN during a test scheduled for February 28. He informed the judge that his application is supported by and made in accordance with Order 26 Rule 1 of the Federal High Court (Civil Procedure) Rules 2019, Section 36 of the Federal Republic of Nigeria’s (as amended) Constitution, Section 6 (6)(B) of that Constitution, and the court’s inherent jurisdiction.