The Federal High Court sitting in Lagos has granted an interim injunction restraining telecom operators from deactivating or barring any line or sim not linked to a National Identification Number (NIN).
Justice Ambrose Lewis-Allagoa made the order while ruling on a motion filed by an activist-lawyer Olukoya Ogungbeje.
Ogungbeje had in Suit FHC/L/CS/667/23 joined the Federal Government of Nigeria, Attorney General of the Federation and Minister of Justice, MTN Nigeria Communications Plc and Airtel Networks Nigeria Limited as respondents.
Specifically, the plaintiff sought an injunction pending appeal, restraining the respondents, jointly or severally, from further outright barring, deactivating and or restricting any SIM card or phone line, from February 28, 2024, or any other scheduled date, pending the hearing and determination of his appeal at the Court of Appeal, against the court’s judgment delivered on May 8, 2023, by Justice Lewis-Allagoa.
Ogungbeje listed 10 grounds for seeking the application.
He averred that “Sometime 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.
“This honourable court in a well-considered judgment delivered on May 8, 2023, dismissed the appellant/applicant Originating Summons.
“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 Respondents are aware of the Appellant/Applicant’s appeal 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.”
At the hearing of the matter on February 22, 2024, none of the respondents filed any counter to the motion.
The two communication giants, MTN and Airtel, were not represented by any counsel.
However, a lawyer from the Federal Ministry of Justice pleaded with the court that he needed more time to respond to the motion.
His application was vehemently opposed by the applicant on the grounds that all parties were served with all the processes and the hearing notice in the matter, but failed to file counters.
Justice Lewis-Allagoa, after perusing the court’s file and confirming that all the respondents were duly served, granted the lawyer’s request.
Justice Lewis-Allagoa also ruled that his order subsists till the hearing and determination of the appeal filed by the lawyer.
