Lagos Federal High Court orders FG to extend the NIN and SIM cards link deadline.

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The Federal Government has been barred by a Federal High Court in Lagos from blocking SIM cards not linked to the National Identity Number come April 9 2021 and extend the date with additional two months.

It is no news that the Ministry of Communications and Digital Economy had, through the Nigerian Communications Commission directed operators to block all SIM cards not linked to NIN by April 9 2021.

The deadline which is fast approaching made many Nigerians ignore the pandemic and safety precautions as they are gathered at various National Identity Management Commission NIMC offices and Telecommunications operators customer service centres across the country which may lead to the spread of the virus.

According to ThisDay, a former second National Vice-President of the Nigerian Bar Association and human rights lawyer, Mr Monday Ubani, filed an originating motion and asked the court to stop the Nigerian Communications Commission from disconnecting all SIM Cards not linked to NIN.

The first to fourth defendants in the suit are the Federal Government, Attorney General of the Federation, The NCC and the Minister of Communication and Digital Economy.

Ubani sought four reliefs including an order that the two-week ultimatum is inadequate and will not only cause him hardship but will also infringe on his fundamental right to freedom of speech and right to own property as provided under sections 39(1) and 44(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

He also sought an order of the court to extend the deadline.

However, on March 23, 2021, Justice M.A Onyetenu, delivering judgement, ordered that the deadline be extended by additional two months from the day of the judgement.

The court ruled that the ultimatum of April 9, 2021, be halted as the timeline is grossly inadequate and will not only cause severe hardship but will likely infringe on the fundamental rights of Nigerians to freedom of expression as guaranteed by Section 39(1)(2) and Section 44(1) of the 1999 Constitution.

The judge also added that the deadline given by the FG to 200 million Nigerians to register their SIM cards is not enough time considering the pandemic and may result in the clustering of Nigerian citizens in NIN registration centre poses the risk of inflating the numbers of people infected by the virus.

“An order directing the 1st, 3rd and 4th respondents to extend the deadline for the registration of SIM cards with NIN for at least another two months from the date of this judgment.”

The court forwarded a letter to the Attorney-General and Minister of Justice, Abubakar Malami, stating the plaintiff asked him to direct the relevant agencies to comply with the court judgment.

In the letter titled, ‘Notification to comply with the judgment in FHC/L/CS/1834/2020’, Ubani asked the AGF to prevail on the Minister of Communications and Digital Economy, Isa Pantami, to reconsider the deadline.

The letter read in part, “I, therefore, urge you to use your good offices to advise the Minister for Communications and Digital Economy, to respect our judiciary by complying with the above-stated orders of the court. I further appeal to you to advise the honourable minister to review his stand on the ultimatum for the registration of SIM Cards with NIN beyond the duration declared by the honourable court to at least a year.”