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NCC To Face Legal Action Over ‘Unlawful’ Directive To Block Nigerians Phone Lines

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Socio-Economic Rights and Accountability Project (SERAP) has urged Dr. Aminu Maida, the Chief Executive Officer of the Nigerian Communications Commission (NCC) “to immediately revoke the apparently unlawful directive to network providers to bar the phone lines of millions of Nigerians who have linked their SIM cards to their National Identification Numbers (NINs).”

SERAP also urged him to “restore the phone lines of these Nigerians, and to urgently establish a mechanism for effective consultation to provide Nigerians who are yet to link their SIM cards to their NINs with the appropriate support and infrastructure and adequate time and opportunity to do so.”

The Commission had recently ordered telecommunications companies to bar the phone lines of millions of citizens including those who allegedly “did not submit a good NIN or didn’t get a cleared or verified NIN by February 28.”

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In the letter dated 9 March 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The directive to the network providers to bar Nigerians who have linked their SIM cards to their NINs is an appalling violation of citizens’ rights to freedom of expression, information and privacy.”

SERAP said, “No agency has the right to strip the citizens of their basic constitutional rights under the guise of failing to properly link their SIM cards with their NINs or failing to do so timeously.”

According to SERAP, “The blocking of phone lines of Nigerians must only be a last resort measure, and strictly in line with the Nigerian Constitution 1999 [as amended], international human rights and due process safeguards.”

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The letter, read in part: “The arbitrary barring of people’s phone lines is never a proportionate measure as it imposes disastrous consequences and severely hinders the effective enjoyment of economic, social, and cultural rights, as well as civil and political rights.”

READ ALSO: SERAP Drags Wike, Others To Court Over Missing LG Funds

“Blanket measures of barring the phone lines of millions of Nigerians are inconsistent and incompatible with the Nigerian Constitution and human rights treaties to which the country is a state party.”

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“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel the NCC to comply with our request in the public interest.”

“The arbitrary directive and the barring of the phone lines are extreme measures which must meet the strict legal requirements of legality, necessity and proportionality.”

“The NCC has also apparently failed to conduct an impact assessment of these extreme measures in order to avoid their arbitrary or excessive effects. These extreme measures go against the regulatory objectives of the Nigerian Communications Act and violate Nigerians’ fundamental human rights.”

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“The NCC has clearly failed to abide by the Nigerian Constitution, human rights standards, democratic processes, the rule of law and due process safeguards.”

“There is no legal justification for the arbitrary barring of phone lines of millions of Nigerians, especially those who have linked their SIM cards with their NINs.”

“The directive by the NCC to telecommunications providers to bar the phone lines of Nigerians who have linked their SIM cards with their NINs amounts to unlawful, unnecessary, unjustifiable and disproportionate restrictions on the rights to freedom of expression, information and privacy.”

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READ ALSO: Probe Missing, Unaccounted $3.4bn IMF Loan, SERAP Tells Tinubu

“The NCC has a direct responsibility to respect the rights to freedom of expression, information and privacy and to take effective measures to protect these fundamental human rights against attacks by third parties such as network providers.”

“The NCC cannot use the pretext of responding to the security crisis in the country by adopting unlawful restrictions on constitutionally and internationally guaranteed human rights.”

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“Any restriction on the rights to freedom of expression, information and privacy must meet the three-part test under international human rights law, namely that it is provided for by law, it serves to protect a legitimate interest recognised under international law and it is necessary to protect that interest.”

“The directive by the NCC fails to meet these requirements. Any suspension of the telephone lines of Nigerians who have linked their SIM cards with their NINs would not be justified in the context of the rights to information and privacy.”

“The use of these telephone lines by Nigerians would pose no risk to any definite interest in national security or public order.”

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“The rights to freedom of expression, information and privacy are essential for the enjoyment of other human rights and freedoms and constitute a fundamental pillar for building a democratic society and strengthening democracy.”

“A democratic government based on the rule of law is one that is responsible to its citizenry and seeks to represent their interests. Barring the telephone lines of Nigerians has continued to have a chilling effect on the enjoyment of their other human rights.”

READ ALSO: SERAP Sues Akpabio, Abass Over ‘Plan To Spend N110bn On Bulletproof Cars, Others’

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“The directive is also patently contrary to the objectives of the Nigerian Communications Commission (NCC) as contained in Sections 1[g] and 4(1)(b) of the Nigerian Communications Act 2003, which is to ‘protect and promote the rights and interest of consumers within Nigeria.’”

“Under the Nigerian Constitution and human rights treaties to which Nigeria is a state party, the NCC has a legal responsibility to ensure and protect Nigerians’ rights to freedom of expression, information and privacy.”

“According to our information, the Nigerian Communications Commission (NCC), has issued a directive to telecommunications providers to bar Nigerians who previously linked their SIM cards to their National Identification Numbers (NINs).”

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“According to the NCC, ‘people who probably didn’t get a cleared or verified NIN’ have been barred because the earlier ones they submitted were not good.’ The NCC also reportedly issued a directive to telecom service providers to bar subscribers who have failed to link their phone numbers to their NIN by February 28, 2024.”

“Over 40 million telephone lines have reportedly been barred allegedly for failing to link their SIM cards to their NINs, and face the risk of being forfeited. The NCC has threatened that ‘If the barred lines are not acted upon in the next 180 days, they won’t be able to receive calls but will only be able to text and make calls.’”

“Over 70 million bank account holders face the risk of being barred from accessing their accounts.”

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“Section 39 of the Nigerian Constitution guarantees the right to freedom of expression. Article 19(1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference.”

“The Human Rights Committee has in fact emphasized that limitations or restrictions should be applied strictly so that they do ‘not put in jeopardy the right itself.’”

“Directing telecommunications providers to arbitrarily bar the telephone lines of Nigerians is also clearly inconsistent and incompatible with the provisions of the Nigerian Communications Act, 2003.”

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Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

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Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.

Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.

He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.

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READ ALSO:South Africa To Investigate ‘Mystery’ Of Planeload Of Palestinians

“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.

He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.

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When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.

READ ALSO:South African Ambassador Found Dead Outside Paris Hotel

We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.

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DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

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IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

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The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.

Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.

Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.

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All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”

On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.

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“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

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Court Orders SERAP To Pay DSS Operatives N100m For Defamation

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The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.

The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.

Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.

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Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.

The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.

READ ALSO:How We Arrested Terror Suspect Who Threatened To Kill Students, Teachers In Abuja — DSS

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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.

The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.

The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.

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In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..

Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.

READ ALSO:DSS Arrests Suspected Gunrunner, Recovers 832 Rounds Of Ammunition

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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.

The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.

However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.

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She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.

Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.

READ ALSO:Alleged Cyberstalking: DSS Plays Video Evidence In Sowore’s Trial

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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.

Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.

The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.

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The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.

The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

READ ALSO:DSS, Police Partner NCCSALW To End Terrorism, Mop Up Illegal Arms

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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.

The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).

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John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’

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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

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“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”

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