Court Upholds Presidential Order on SIM-NIN Linkage

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Court Upholds Presidential Order on SIM-NIN Linkage
SIM-NIN Linksge

Court Upholds Presidential Order on SIM-NIN Linkage

By Reporter 2

The Federal High Court in Lagos dismissed a case brought by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP), which questioned the validity of the presidential order banning SIM cards unaffiliated with the National Identification Number (NIN).

Judge Yelim Bogoro ruled that the Federal Government’s policy mandating the connection of SIMs with NIN is tenably justified and that the nation’s interest as a one, indivisible nation outweighs the rights of any individual living in the country.

In the lawsuit brought against the Attorney-General of the Federation, the President of the Federal Republic of Nigeria, and the Nigerian Communications Commission, SERAP claimed that the order prohibiting more than 72 million Nigerian subscribers violated their constitutionally protected fundamental rights.

Meanwhile, Akintola Makinde, the President of the Federal Republic of Nigeria’s Attorney, argued that the presidential directive was in compliance with the relevant provisions of the National Communications Act, section 14(2)(b) and section 45 of the Constitution, and that none of the rights cited by SERAP were absolute.

The President’s representative,  Makinde claimed that the instruction was initiated due to the problems of kidnapping and insecurity, which are revealed by alarming statistics. He further stated that the number of kidnapping victims is disturbing and that it is inconceivable to deny that the trend has become a critical social and security concern.

According to Makinde, SERAP cannot legitimately argue against the necessity of any measures aimed at ensuring that such crimes are tracked and busted through the use of technology and accurate data synchronization since the use of telephones is also very instrumental in the perpetration of kidnapping and other criminal vices.

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Nnamdi Oragwu, the Nigerian Communications Commission’s (NCC) counsel, also argued that SERAP had not met its burden of proof regarding the claims. He stated that although the NCC’s decision was in accordance with the Constitution, any appropriate Government agency with the authority to do so may restrict rights to maintain national security, peace, unity, and stability. The arguments were upheld by Justice Bogoro, who dismissed SERAP’s action.

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Written by: Roselyn James

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