JUDICIARY
NIN-SIM: SERAP Drags Buhari to Court over 72m Blocked Lines
Socio-Economic Rights and Accountability Project, SERAP, has sued President Muhammadu Buhari over the failure to unblock the phone lines of over 72 million telecommunication subscribers barred from making calls on their Subscriber Identity Modules, SIMs.
The suit followed the recent directive by the Federal Government to telecommunications companies to block outgoing calls on all unlinked lines, as the deadline for the verification expired on March 31.
Following the directive, over 72 million subscribers have now been barred from making calls.In the suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Opeyemi Owolabi, at the Federal High Court in Lagos, the organization asked for; “an order setting aside the directive by President Buhari to telecommunications companies to block outgoing calls on all unlinked lines without due process of law, and for being inconsistent with the requirements of legality, necessity and proportionality.
”Joined in the suit as respondents are: Mr Abubakar Malami(SAN), Attorney General of the Federation and Minister of Justice, and Mr. Isa Pantami, Minister of Communications and Digital Economy. SERAP also demanded for “an order of 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.”
SERAP further sought “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 National Identity Number (NIN).”
The organization stressed 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.”
SERAP also maintained 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.”
According to SERAP, “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.”
The suit filed read in part: “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. “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 decision to block the phone lines also appears to be arbitrary, and lacks any legal framework, independent and judicial oversight. “This may allow authorities to act in an unfettered and potentially arbitrary or unlawful manner. “Under international human rights law, States including Nigeria ‘shall not engage in or condone any disruption of access to digital technologies for segments of the public or an entire population.’ “States must refrain from cutting off access to telecommunications services.
“Millions of Nigerians including persons with disabilities, elderly citizens, persons living in remote areas have been unable to capture their biometrics, and obtain their NINs due to logistical challenges, administrative and bureaucratic burdens, as well as the persistent collapse of the national grid. “The rights to freedom of expression, access to information, and freedom of association, whether offline or online, promote the democratic ideal by allowing citizens to voice their concerns, challenge governmental institutions, and hold the government accountable for its actions.”
JUDICIARY
Kano High Court Affirms Ganduje’s Suspension
A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.
Justice Usman Malam Na’abba, on Wednesday, made the order, following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.
The plaintiffs are the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.
The respondents in the case include, All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr Abdullahi Umar Ganduje.
Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.
The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).
The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.
Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two thirds majority of the executives as provided by the party constitution.
“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.
It will be recalled that nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by the Kano state government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.
In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executives, led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)
JUDICIARY
Businessman Jailed 1 Year for Stealing Car Gearbox
A Jos Magistrates’ Court, on Wednesday, sentenced a 28-year-old businessman, Peter Sunday to one year imprisonment for stealing motor parts valued at N200,000.
The Magistrate, Mr Shawomi Bokkos, summarily sentenced Sunday after he pleaded guilty to the charge.
Bokkos, however, gave the convict an option to pay N30,000 and a compensation of N100,000 to the complainant.
The magistrate held that the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecutor, Insp Labaran Ahmed, told the court that the case was reported on March 19, at the “B” Police station Bukuru by one Stephen Dung, the complainant.
The prosecutor alleged that the convict had trespassed into a mechanic workshop and stole the gearbox.
He told the court that the convict was however, apprehended at the point of his wanting to sell the stolen item.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
JUDICIARY
Security Guard Jailed 3 Months for Stealing 25 Litres of Diesel
A Jos Magistrates’ Court on Wednesday sentenced a 29-year-old security guard, Harow Mali to three months imprisonment for stealing 25 litres of diesel.
The Judge, Shawomi Bokkos, summarily sentenced Mali after he pleaded guilty.
Bokkos, however, gave the convict an option to pay N10,000 fine.
The judge said the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecution Counsel, Insp Labaran Ahmed told the court that the case was reported on March 20, at the “A” Police station Jos by one Yab Sunday, the complainant.
The prosecutor said the convict was caught with the 25 litres of diesel by the Police.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)