News

[JUST IN] NIN-SIM: SERAP Sues Buhari Over Failure To Unbar Phone Lines Of 72m Subscribers

Published

3 years ago

Apr 24, 2022.

Benard Joseph

SERAP Sues Buhari Over Failure To Unbar Phone Lines Of 72m Subscribers.
SERAP said the rights of people must be protected online and offline.

EDITOR’S PICK

EKO HOT BLOG reports that the Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari “over the failure to unbar the phone lines of over 72 million telecommunication subscribers barred from making calls on their SIMs.”

The suit followed the recent directive by the Federal Government to telecommunications companies to block outgoing calls on all unlinked lines, as the deadline for the verification expired on March 31.

Following the directive, over 72 million subscribers have now been barred from making calls.

In the suit number FHC/L/CS/711/2022 filed last week at the Federal High Court in Lagos, SERAP is seeking:

“an order setting aside the directive by President Buhari to telecommunications companies to block outgoing calls on all unlinked lines without due process of law, and for being inconsistent with the requirements of legality, necessity and proportionality.”

SERAP is also seeking “an order of perpetual injunction restraining President Buhari and the Minister of Communication and Digital Economy, Isa Pantami from unlawfully directing telecommunications companies to block outgoing calls on all unlinked lines, without due process and in violation of Nigerians’ human rights.”

SERAP is further seeking “an order directing and compelling President Buhari to ensure adequate infrastructure and logistics to allow Nigerians including persons with disabilities, older persons, and persons living in remote areas, to capture their data and conclude registration to obtain National Identity Number (NIN).”

In the suit, SERAP is arguing that “directing and compelling the Federal Government to unblock the phone lines unlawfully barred would be entirely consistent with the Nigerian Constitution 1999 [as amended], and the country’s international obligations to respect, protect, and promote socio-economic rights.”

SERAP is also arguing that “Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, and authoritarianism, leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.”

According to SERAP, “It is in the interest of justice to grant this application. Access to telecommunications services is a condition sine qua non for the effective exercise of human rights. Therefore, the decision to block people from making calls is discriminatory, and a travesty.”

SERAP is also arguing that “The blocking of phone lines of Nigerians without due process of law has disproportionately affected those on the margins of society. This has resulted in the discrimination of marginalized or vulnerable groups.”

Joined in the suit as Respondents are Mr Abubakar Malami, SAN Attorney General of the Federation and Minister of Justice, and Mr Isa Pantami.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part:

“While Nigerian authorities have a legal responsibility to protect, ensure and secure the rights to life and property, any such responsibility ought to be discharged in conformity with human rights standards.”

The blocking of people from making calls constitutes impermissible restrictions on the rights to freedom of expression, information, and association.”

SERAP said the rights of people must be protected online and offline.

“Any restriction on these rights must be provided by law, be necessary in a democratic society and serve a legitimate aim,” it added.

The blocking of people from making calls on their SIMs also amounts to arbitrary or unlawful interference with their right to family life, and socio-economic rights, as it unnecessarily or disproportionately interferes with these fundamental human rights.

FURTHER READING

“The decision to block the phone lines also appears to be arbitrary and lacks any legal framework, independent and judicial oversight. This may allow authorities to act in an unfettered and potentially arbitrary or unlawful manner.”

Click to Watch our video of the week: