News

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

Published

2 months ago

March 10, 2024

Editor

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.”

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.”

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.”

“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.”

“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.”

“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.”

“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.”

“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.”

“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.”

“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).”

“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.”

“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.”

News

Nigerian Emerges First Black Woman To Bag PhD In Robotics At Michigan Varsity

Published

8 hours ago

May 8, 2024

Editor

A Nigerian woman, Oluwami Dosunmu-Ogunbi, has made history as the first black woman to bag a PhD in Robotics at the University of Michigan in the United States.

Speaking at the university’s College of Engineering convocation, Dosunmu-Ogunbi, a daughter of Nigerian immigrants, spoke on the support she received in realising her aspirations.

She said, “I do not stand here on my own two feet alone. None of us got here by our individual merit alone, whether it be teacher, friends, family, mentors, or role models, we each have one or multiple people to whom we are grateful for making this moment possible.”

She added that she wants to be remembered as the University of Michigan’s first black woman to get a PhD in Robotics and she wants to use her knowledge in engineering to improve the lives of others.

She added, “A Michigan Engineer is one who does not just provide scientific and technological leadership, but is also one who is intellectually curious, socially conscious, creates collaborative solutions to societal problems, and promotes an inclusive and innovative community of service for the common good.

“We each have a solemn duty to make positive contributions to the world. Well, my reasons for becoming an engineer were initially frivolous, but they eventually moved into something more meaningful. I want to have a positive impact on the world.”

The University of Michigan Robotics Department website describes Dosunmu-Ogunbi’s journey as one shared by many PhD students who initially lack a clear vision for their final goals.

It added that Dosunmu-Ogunbi has been an active community builder in robotics, earning an MLK Spirit Award from the College of Engineering for mentoring and inspiration as well as being named an outreach ambassador by Robotics for three years, 2021–2023.

The Department also disclosed that she was named a runner-up in the
College of Engineering’s three–minute thesis competition and has been inducted into the Bouchet Society, which recognises outstanding scholarly achievement and promotes diversity in graduate education and the professoriate.

Dosunmu-Ogunbi is currently interviewing for faculty positions, the department revealed.

News

Delta Bloodbath: Relief As Army Withdraws Soldiers From Okuama Community

Published

8 hours ago

May 8, 2024

Editor

Soldiers of the Nigerian Army who have been laying siege on the Okuama community in Ughelli South Local Government Area of Delta State since March 14, 2024, following the killing of 17 army officers and soldiers on a peace mission, have been pulled out from the community.

Local sources from Akugbene and Okoloba communities in Bomadi Local Government Area told newsmen on Wednesday that “the military troops were sighted suddenly pulling out of Okuama community on Tuesday, May 7, 2024.”

Delta State Governor, Sheriff Oborevwori, while confirming the troops withdrawal from Okuama community, lauded President Bola Tinubu and the military high command for their interventions.

Oborevwori, at a media briefing, said that with the withdrawal of the troops, the people of Okuama could now safely return to their homes and begin the process of reintegration and rebuilding their homes and community.

The governor said, “My dear good people of Delta State, I have the pleasure to announce to you that, upon many deliberations and collaborations between the state government and the military leadership, the Nigerian Army has agreed to withdraw its officers and men from Okuama.

“I spoke with the Chief of Army Staff, Lt. Gen. Taoreed Lagbaja, on Monday, 6th of May, and as of today, 8th of May, 2024, the military has withdrawn from Okuama.

“With this development, the people of Okuama can now safely return to their homes and begin the process of reintegration and rebuilding their homes.”

Although Oberevwori had earlier appealed to indigenes and farmers to move into a rehabilitation camp being set up for Internally Displaced Persons by the state government “for proper welfare as a first step towards their resettlement to their community,” Okuama leaders had reportedly expressed reluctance to yield to the governor’s call regarding IDPs.

The Chairman of the State Government Committee to manage the Ewu IDP Camp, Mr. Abraham Ogbodo, who affirmed that the governor had already released N10 million to the Committee to ease the take-off of the Camp site at Ewu Grammar School lamented the noticeable lack of willingness by the Okuama indigenes to move into the IDP camp despite the efforts being put in place.

News

Activists To Protest Reporter’s Detention In Abuja Thursday

Published

9 hours ago

May 8, 2024

Editor

Protesters have vowed to storm the headquarters of the Nigeria Police Force in Abuja, the Federal Capital Territory, on Thursday, over the prolonged detention of a reporter with the Foundation for Investigative Journalism, Daniel Ojukwu.

On Wednesday, flyers circulating on social media shared by activists, journalists and other Nigerians called people to “join us for a peaceful protest at the police headquarters Abuja on Thursday by 9am”.

Former presidential candidate and publisher of Sahara Reporters, Omoyele Sowore, also shared the flyer on X which had the reporter’s image, captioning it “An end to #CybercrimeAct2015Now. Let’s all be there at 9 am tomorrow (Thursday).”

Human rights group, the Take It Back Movement, also posted on X, “We will be here tomorrow at 9 am, prompt! Join us. #FreeDanielOjukwu.”

The group’s coordinator, Juwon Sanyaolu, further confirmed to our correspondent in an interview, “We are rallying all our members to participate in the protest. This is democracy and the police are not bigger than the law.”

A lawyer and activist, Deji Adeyanju, also wrote on X, “The protest at the Force Headquarters will also be an opportunity to protest against cybercrime levy.”

Ojukwu was picked up Wednesday, May 1, 2024, by the police on the streets of Lagos and was transferred to the Nigeria Police Force-National Cyber Crime Centre in Abuja on Sunday.

Widespread condemnations have trailed the journalist’s abduction even as the police maintain that a petition was filed against the journalist but have not given details.

The President of the Nigerian Guild of Editors, Eze Anaba, condemned the reporter’s abduction.

“The police cannot detain somebody for seven days under any law in Nigeria as we speak,” he had told The PUNCH on Tuesday.

FIJ on Monday reported that a Senior Advocate of Nigeria was behind the petition that led to the abduction of Ojukwu by the police.

According to the media house, the petition is in relation to FIJ’s coverage of alleged financial mismanagement in the office of the Senior Special Assistant to the President on Sustainable Development Goals, Adejoke Orelope-Adefulire.

In one of its investigative pieces on the office, FIJ had reported how a sum of N147.1m reportedly meant for the building of classrooms and a skill acquisition centre was allegedly sent to the account of a restaurant.

But in a statement on its X handle on Monday, the OSSAP-SDGs denied the allegation, describing it as “false from the onset.”

The statement said the office “has been transparent in its operations and project implementation processes” and noted that “therefore, the assertion that our project was sponsored by a restaurant is false and baseless.”

The Director of the Cyber Crime Centre, Uche Ifeanyi, on Tuesday, told The PUNCH the bail conditions for the detained journalist who has spent seven days in custody had not been met.

“We’ve served them papers for bail conditions. I think the problem is they’ve not been able to meet up with the bail conditions. The person they brought on Monday could not even produce an ID card. They brought someone on Tuesday who is not a civil servant. You know how sensitive the case is. So, once they bring the civil servant of measure, we will know,” he said.

FIJ’s founder, Fisayo Soyombo said on Tuesday it was “insane” to keep the journalist for that long. “I can’t believe this is happening in a democracy. The law is clear. If you feel that something false has been published against you, the process is laid down, you go to court and institute a case. You can’t just pick someone in Gestapo style and claim the person has a case to answer.”