Court Restrains Telecom Operators from Deactivating Phone Lines for Non-NIN Linking

A recent development in Nigeria’s telecom sector involves a Federal High Court in Lagos issuing a restraining order to telecom operators, preventing them from deactivating or barring phone lines and SIM cards that have not been linked to the National Identification Number (NIN). The ruling was made on February 22, 2024, in response to an application for restraining orders filed by Olukoya Ogungbeje, a rights activist.
Ogungbeje had initiated a lawsuit against the federal government, the Attorney General of the Federation and Minister of Justice, MTN Nigeria Communications Plc, and Airtel Networks Nigeria Limited. In his suit, he sought an injunction pending appeal, requesting that all the respondents be restrained from enforcing the judgment in any way and from outright barring, deactivating, or restricting any SIM cards or phone lines belonging to Nigerian citizens, particularly on February 28, 2024, or any other scheduled date, until his appeal is heard and determined by the Court of Appeal. The initial judgment that Ogungbeje appealed against was delivered on May 8, 2023, by Justice Ambrose Lewis-Allagoa.
The application submitted by Ogungbeje listed ten grounds, including his contention that the respondents had undermined the judicial powers of the court and the Nigerian legal system, thereby infringing on his fundamental rights. The suit, which was dismissed by the court on May 8, 2023, prompted Ogungbeje to exercise his constitutional right of appeal by filing a notice of appeal on July 26, 2023, with the lower court.
As of now, the court’s ruling has temporarily halted telecom operators from taking any action to enforce the linking of phone lines and SIM cards to the NIN until the appeal is heard and resolved by the Court of Appeal.