NIN-Sim Card Link: Court Urged To Jail NCC Boss, Maida, Mike Adenuga, Others For Alleged Contempt

A lawyer and human rights activist, Olukoya Ogungbeje, has asked a Lagos Federal High Court, to commit to prison, the Chief Executive Officer of Nigerian Communications Commission (NCC) Dr. Aminu Maida, and the Chief Executive Officers of the telecommunication companies in the country, for alleged disobedience to a court order, which stopped them from deactivating sim cards that were not linked to National Identification Number (NIN)

Others urged to be committed to prison alongside Dr. Maida are: Mr. Karl Olutokun Toriola, Managing Director and Chief Executive Officer, MTN Nigeria; Mr Karl Cruz, Managing Director and Chief Executive Officer, Airtel Nigeria; Mr. Micheal Adenuga Jr, Chairman and Chet Executive Officer (CEO) Globacom; Mr. Juergen Peschel, Managing Director and Chef Executive Officer, 9 MOBILE; and Mr Gbenga Adebayo, Chairman of Association of Licensed Telecommunications Operators of Nigeria.

It would be recall that Justice Ambrose Lewis-Allagoa, has on February 22, 2024, restrained Dr. Maida, NCC and other telecommunication service providers, from going ahead to proposed deactivation and barring of sim cards that are not linked to NIN.

Justice Lewis-Allagoa made the order, while delivering judgment in suit numbered FHC/L/CS/677/22, filed by the lawyer against the alleged contemnors.

During the pendency of the suit, none of the alleged contemnors filed any counter or objection to the suit.

However, due to the alleged failure and refusal of the all the contemnors, Ogungbeje filed both Form 48 (notice of consequences of disobedience to court orders/ruling) and Form 49 (notice to show cause why order of committal should not be ma) before the court presided over the court presided over by Justice Ibrahim Ahmad Kala, asking the court to commit the alleged to prison, for disobeying a court order.

Ogungbeje, while moving both Form 48 and Form 49, on Wednesday, told the court that the motion are pursuant to Section 72 of the Sheriffs And Civil Process Act; Order 35 Rules 1, 2,(1)(2) of the Federal High Court Civil Procedure Rule 2019; Order IX Rules 13(1)(2) of the (Judgement Enforcement) Rules; Order 26 Rule of the Federal Hgh Court Procedure Rules 2019, and under the inherent jurisdiction of the honourable court Preserved By Section 6(6),(A)(B) of the 1999 Constitution of the federal Republic of Nigeria.

 The lawyer therefore asked the court for the following reliefs: “a declaration that the contemnors sought to be committed are bound to obey and comply with the Court Order granted on the 22nd of February 2024 in Suit No: FHC/L/CS/677/2022, between Mr. Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors against the contemnors upon findings by this Honourable Court wherein the Court Order granted by this Honourable Court against the contemnors is still valid, subsisting and binding on the contemnors until it is set aside 

“An Order of this Honourable Court convicting and committing the 1st

Contemnor herein Dr Aminu Maida to the Nigerian Correctional Services facility/prison for willfully and deliberately disobeying the Court Order granted by this Honourable Court on the 22nd of February 2024 in Suit No: FHC/L/CS/677/2022 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors. 

“An order of this Honourable Court convicting and committing the 2nd Contemnor herein Mr. Karl Olutokun Toriola to the Nigerian Correctional Services, Ikoyi facility/prison for willfully and deliberately disobeying the Court Order granted by this Honourable Court on the 22nd of February 2024 in Suit No: FHC/L/CS/677/2022 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors. 

“An order of this Honourable Court convicting and committing the 3rd Contemnor herein Mr Karl Cruz to the Nigerian Correctional Services, Ikoyi facility/prison for willfully and deliberately disobeying the Court Order granted by this Honourable Court on the 22nd of February 2024 in Suit No: FHC/L/CS/677/2022 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors 

“An order of this Honourable Court convicting and committing the 4th Contemnor herein Mr. Micheal Adenuga Jr to the Nigerian Correctional Services, Ikoyi facility/prison for willfully and deliberately disobeying the Court Order granted by this Honourable Court on the 22nd of February 2024 in Suit No: FHC/L/CS/677/2022 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors. 

“An order of this Honourable Court convicting and committing the 5th Contemnor herein Mr Juergen Peschel to the Nigerian Correctional ServIces, Ikoyi facility/prison for willfully and deliberately disobeying the Court Order granted by this Honourable Court on the 22nd of February 2024 in Suit No: FHC/L/CS/677/2022 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors. 

“An order of this Honourable Court convicting and committing the 6th Contemnor herein Mr. Gbenga Adebayo to the Nigerian Correctional Services, Ikoyi facility/prison for willfully and deliberately disobeying the Court Order granted by this Honourable Court on the 22 of February 2024 in Suit No: FHC/L/CS/677/2022 Between Mr Olukoya Ogungbeje Vs Federal Government of Nigeria & Ors. 

“An order of this Honourable Court that ALL the contemnors SHALL remanded, committed and incarcerated in the Nigerian Correctional Services ikoyi facility/prison custody until they purge themselves of contempt of court And For Such Order Or Orders as this Honourable Court may deem fit to make in the circumstances of this case.”

Ogungbeje support the motions with a 21 paragraph-affidavit.

Meanwhile, Justice after listening to the plaintiff/applicant, ordered all the alleged contemnors to appear before the court and show cause why they should not be committed to prison.

The judge has however adjourned the hearing of committal applications against all the alleged contemnors to April 17, 2024