Nigeria: Court Halts MTN and Other Telecoms from Disabling SIM Cards Unlinked to NIN

The Federal High Court sitting in Lagos has issued a restraining order against MTN Nigeria and other telecom operators, preventing them from deactivating or barring any SIM card not linked to the National Identification Number (NIN).

Justice Ambrose Lewis-Allagoa granted the injunction while ruling on an application filed by Lagos-based lawyer Olukoya Ogungbeje.

In a suit numbered FHC/L/CS/667/23, Mr. Ogungbeje sought an injunction pending appeal, restraining all respondents from enforcing a judgment slated for February 28, 2024, which would involve outright barring, deactivating, or restricting any SIM card not linked to NIN.

Previously, Mr. Ogungbeje had filed a suit against MTN in April 2022 after his telephone lines were barred. Though the court dismissed his suit for lack of merit, he filed an appeal which is currently pending at the court of appeal.

Upon learning that telecom operators were planning to deactivate subscribers’ lines not linked to NIN by February 28, Mr. Ogungbeje brought forth his latest application before the court.

He argued that his application was based on the Federal High Court (Civil Procedure) Rules 2019, Section 36 of the Nigerian Constitution, Section 6 (6)(B) of the Constitution, and the court’s inherent jurisdiction.

Among the grounds listed for the application, Mr. Ogungbeje highlighted that despite his pending appeal, efforts were underway to deactivate SIM cards. He emphasized the need to preserve the subject matter of the appeal pending its determination.

During the hearing on February 22, 2024, none of the respondents filed a counter to the motion. While a lawyer from the Federal Ministry of Justice requested more time to respond, Mr. Ogungbeje opposed, citing proper service of all processes.

After reviewing the documents and acknowledging proper service to all respondents, Justice Lewis-Allagoa granted the restraining order. He directed the telecom operators to refrain from barring, deactivating, or restricting any SIM card until the hearing and determination of Mr. Ogungbeje’s appeal.

The court affirmed that the order remains valid until the appeal is decided.

This decision offers relief to affected individuals pending the outcome of the appeal and underscores the importance of due process in legal proceedings involving telecommunications regulations.