Socio-Economic Rights and Accountability Project (SERAP), has dragged President Muhammadu Buhari before the Federal High Court in Lagos, seeking an order nullifying the directive blocking outgoing calls on all phone lines of subscribers not linked to the National Identity Number (NIN).
The rights group in the suit yet to be assigned to a judge, is also seeking a perpetual injunction restraining President Buhari and the Minister of Communication and Digital Economy, Isa Pantami from “unlawfully directing telecommunications companies to block outgoing calls on all unlinked lines, without due process and in violation of Nigerians’ human rights.”
It also joined as respondents in the suit is the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN).
The group further is further asking the court for an order directing and compelling President Buhari to ensure adequate infrastructure and logistics to allow Nigerians including persons with disabilities, older persons, and persons living in remote areas, to capture their data and conclude registration to obtain NIN.
SERAP argued in an affidavit attached to the suit, that directing and compelling the federal government to unblock the phone lines unlawfully barred would be entirely consistent with the Nigerian Constitution 1999 (as amended), and the country’s international obligations to respect, protect, and promote socio-economic rights.
The organisation also averred that where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, and authoritarianism, leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.
SERAP further maintained that, “It is in the interest of justice to grant this application. Access to telecommunications services is a condition sine qua non for the effective exercise of human rights. Therefore, the decision to block people from making calls is discriminatory, and a travesty.
“The blocking of phone lines of Nigerians without due process of law has disproportionately affected those on the margins of society. This has resulted in the discrimination of marginalized or vulnerable groups.
“While Nigerian authorities have a legal responsibility to protect, ensure and secure the rights to life and property, any such responsibility ought to be discharged in conformity with human rights standards,” SERAP said.
“Fundamental rights are regarded as part of human rights and are protected to enhance human dignity and liberty.
“Unblocking the phone lines unlawfully barred from making calls would improve respect for the rule of law, and ensure people’s right to freedom of expression, and access to information, as well as their right to associate with others.
“The blocking of people from making calls constitutes impermissible restrictions on the rights to freedom of expression, information, and association.
“The rights to freedom of opinion and expression and access to information are protected under section 39 of the Nigerian Constitution, article 19 of the International Covenant on Civil and Political Rights and article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
“These rights must be protected online as they are protected offline. Any restriction on these rights must be provided by law, be necessary in a democratic society and serve a legitimate aim.”