Socio-Economic Rights and Accountability Project (SERAP) has threatened to drag the Nigerian Communications Commission (NCC) to court if it fails to reverse the directive to network providers to bar the phone lines of Nigerians who have not linked their SIM cards to their National Identification Numbers (NINs).
SERAP, which made the threat in an open letter to the Chief Executive Officer of NCC, Dr. Aminu Maida, called for more consultation and the provision of an effective process for Nigerians who are yet to link their SIM cards to their NINs to do so.
In the letter dated March 9, 2024, and signed by SERAP Deputy Director, Kolawole Oluwadare, the civil society organisation said the directive to the network providers to bar Nigerians who have not linked their SIM cards to their NINs is an appalling violation of citizens’ rights to freedom of expression, information and privacy.
SERAP said that no agency has the right to strip the citizens of their basic constitutional rights under the guise of failing to link their SIM cards with their NINs properly or do so timely.
It insisted that 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 organisation said 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.
SERAP maintained that the 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.
It argued that 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.
SERAP stated that the NCC has also apparently failed to conduct an impact assessment of these extreme measures to avoid their arbitrary or excessive effects.
It further noted that these extreme measures by the NCC go against the regulatory objectives of the Nigerian Communications Act and violate Nigerians’ fundamental human rights.
The organisation said, “the NCC has 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 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,’’ SERAP said.
