As a result of the alleged deactivation of subscribers’ lines, a Lagos-based human rights lawyer, Olukoya Ogungbeje, has instituted a N10bn suit against the Nigerian Communications Commission (NCC), its Chief Executive Officer (CEO), Dr Aminu Maida, and four major telecom service providers in Nigeria before the Federal High Court, Ikoyi, Lagos.
Listed as the 3rd to 6th respondents in the suit designated FHC/L/363/2024 are MTN Nigeria Communications Plc, Airtel Networks Nigeria Limited, Globacom Limited and Emerging Markets Telecommunication Services Limited (EMTS) popularly known as 9mobile.
Apart from the request for the granting of an order for the award of N10 billion as general damages, Ogungbeje is equally asking for “a declaration that the act and action of further barring, restricting and deactivating of the applicant’s phone Lines/SIM cards and the phone Lines/SIM cards of Nigerian citizens by the 2nd, 3rd, 4th, 5th, and 6th respondents, upon the directive of the 1st and 2nd respondents from the 28th of February 2024 until date, despite a valid and subsisting order of court granted against the respondents is wrongful, illegal, unlawful, undemocratic, unconstitutional and thus prejudicial against the applicant’s and other affected Nigerian citizens fundamental rights to fair hearing as enshrined under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria.
“A declaration that the respondents being creations and creatures of law are subject to the court of law and the judicial powers of the courts of law and under a legal duty and constitutional obligation to obey valid and subsisting order of the court as enshrined under Section 6 (6) (b) of the Constitution of the Federal Republic of Nigeria, 1999, (As Amended).
“An order setting aside the entire directive and all its consequential effects in connection with the subject of this suit issued by the 1st and 2nd respondents to the 2nd, 3rd, 4th, 5th and 6th respondents having been made in gross violation of a valid and subsisting order of the court granted against the respondents.
“An order compelling the respondents to jointly and severally and immediately activate, debar, unlock, unblock and unrestrict the applicant’s phone Lines/SIM cards and the phone Lines/SIM cards of the affected Nigerian citizens forthwith.
“An order compelling the respondents to jointly and severally tender a public apology to the applicant and other affected Nigerian citizens and to pay the sum of N10 billion only as general and exemplary damages for the prejudicial, wrongful and unconstitutional action of the respondents and the inconvenience, damages and injury caused the applicant and other affected Nigerian citizens in flagrant violation of a valid and subsisting order of the court.
“An order of perpetual injunction restraining the respondents jointly and severally, whether by themselves, their agents, officers, officials, members, servants, ministries, organs, agencies, or privies or anybody deriving authority from them by whatever name called from barring, restricting and of deactivating the applicant’s and other affected Nigerian citizens phones Lines/SIM cards or taking any step, action, further step or action or untoward action or proceedings against the applicant and other affected Nigerian citizens on any fact connected with or related to the facts of this case.”
According to Ogungbeje, the motion which is supported by 33 paragraphs affidavit, is brought pursuant to Sections 36 and 46 of the 1999 Constitution of the Federal Republic of Nigeria, Order II Rule 1 of the Fundamental Rights Enforcement Procedure Rules 2009 and under the court’s inherent jurisdiction imbued by Section 6 (6)(B) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
As of the time of filing this report, no date has been fixed for the case to be heard.
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