Justice Yelim Bogoro of the Federal High Court, sitting in Lagos has dismissed an action filed by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) challenging the legality of the presidential directive for the barring of SIM cards not linked with the National Identification Number (NIN).
In the action filed against the President of the Federal Republic of Nigeria, Attorney-General of the Federation and the Nigerian Communications Commission, SERAP had argued that the directive barring over 72 million Nigerian subscribers was an infringement of the subscribers’ fundamental rights enshrined under the Constitution.
However, in his argument, counsel to the President of the Federal Republic of Nigeria, Akintola Makinde contended that none of the rights relied upon by SERAP was absolute and that the presidential directive was in furtherance of sections 14(2)(b) and 45 of the Constitution, as well as the relevant provisions of the National Communications Act.
Makinde argued on behalf of the President that the directive was driven by the challenges of insecurity and kidnapping which are disclosed through alarming statistics. He argued that the figures of kidnap victims are quite disturbing, and one cannot seriously suggest that the need to address the development has not become a pressing social and security issue. According to Makinde, since, the use of telephone is also very instrumental to the perpetration of the kidnapping and other criminal vices, SERAP cannot rightly argue against the necessity of any measure which aims at ensuring that such crimes are tracked and busted through the use of technology and accurate data synchronization.
Counsel to the Nigerian Communications Commission, Nnamdi Oragwu equally contended that SERAP failed to discharge the burden of proof in respect of the allegations made. While submitting that the action of the NCC was in line with the Constitution, Oragwu argued that much as the rights are protected by the Constitution, they can be curtailed by any relevant agency of government empowered to do so, for the purpose of peace, stability, unity and security of the country.
In dismissing the action, Justice Bogoro held that the policy of the Federal Government requiring the linkage of SIMs with NIN is reasonably justifiable and that the interest of the country as one indivisible and indissoluble country is greater that the right of any individual in the country.
