SERAP had dragged the President, the Attorney-General of the Federation and the Nigerian Communications Commission before the court, arguing that the directive is an appalling violation of citizens’ rights to freedom of expression, information and privacy.
The civil society organisation had also contended that no agency has the right to strip the citizens of their fundamental constitutional rights under the guise of failing to link their SIM cards with their NINs properly or failing to do so timeously.
However, counsel to the President, Akintola Makinde, in his opposition to the suit, had submitted that none of the rights relied upon by SERAP was absolute and that the presidential directive was in furtherance of sections 14(2)(b) and 45 of the Constitution, as well as the relevant provisions of the National Communications Act.
Makinde stated that the directive was driven by the challenges of insecurity and kidnapping, which are disclosed through alarming statistics.
He also claimed that the figures of kidnapping victims are pretty disturbing, and one can not seriously suggest that the need to address the development has not become a pressing social and security issue.
The lawyer maintained that since the use of the telephone is also very instrumental to the perpetration of kidnapping and other criminal vices, SERAP cannot rightly argue against the necessity of any measure which aims at ensuring that such crimes are tracked and busted through the use of technology and accurate data synchronisation.
Counsel to the Nigerian Communications Commission, Nnamdi Oragwu, equally submitted that the SERAP failed to discharge proof of the allegations made.
Oragwu stated that the action of the NCC was in line with the Constitution and that much as the Constitution protects the rights, they can be curtailed by any relevant agency of government empowered to do so for peace, stability, unity and security of the country.
