Abstract
Section 14(1) and (2b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that; “the Federal Republic of Nigeria shall be a state based on the principle of democracy and social justice. It is hereby accordingly declared that the security and welfare of the people shall be the primary purpose of government”. The federal government of Nigeria in order to promote the security of the people and protect their welfare came up with a new policy to fight the dire straits of security in the country. This is by introducing the NIN sim integration, which involves linking the National Identification Numbers (NIN) and other personal information to sim cards, in order to reduce crimes and identify acts that could particularly
cause harm or trigger insecurity in the country.
Although, this did not go well with some Nigerians and caused uproar, including filing legal suits to challenge its validity. Therefore, this paper would be looking at the justiciability and cognizability of NIN sim integration in Nigeria, as its essence is for promoting national security, considering the increased rate of insecurity in the country.
Introduction
On the 9th of December in 2020, the federal government of Nigeria through the National Communications Commission issued a directive suspending registration of new SIM cards in Nigeria. While, this was ongoing, another directive was issued a week after, on the 15th December 2020 titled; “Implementation of New Sim Registration Rules”.1 These directives were arrived at a joint meeting between the federal government and telecommunication operators in Nigeria, including the National Identify Management Commission (NIMC). The directives involved suspending the registration of new sims in Nigeria and integration of sims and NIN(National Identification Number)2 by providing valid national identification numbers to update sim registration records. This was to take effect within two weeks ( 16th to 30th of December, 2020). Subscribers, who failed to link their NIN with their sim within this time frame, would result in their sim blocked from the network and violation by network operators would attract stiff penalties including the possibility of their operating license withdrawn.3
Only 42 million out of up to 200 million mobile network subscribers4were able to integrate their sims within this time. As a result and with uproar among Nigerians, the deadline have been extended twice;February 9thandApril6th,2021respectively. Also, due to request by stakeholders, a new deadline has been set to 30thof June, 2021 after a joint virtual meeting with network operators, chaired by the Minister of Communications and Digital Economy, Dr. Isa Pantami, in order to make it easier for people to register.
There has been significant progress so far. More than 54 million people have been said to have obtained their NIN, which translated up to 190 million network mobile numbers. This is due to empirical evidence, which shows that each unique National Identification number maps up to 3 to 4 mobile lines.5
The State of Insecurity in Nigeria
Insecurity has put Nigeria in a worrisome state. The country is now an unsafe avenue to live, work or survive. According to Global Peace Index, Nigeria ranks eighth least peaceful country in Africa and 146th among 163 nations according to the level of their peacefulness.6 Security challenges in the country are now in frightening proportion and constitute a hydra–headed monster in multifaceted dimensions affecting the society. This ranges from ethnic war of the Farmers–Herdsmen clashes, Boko Haram insurgency, Niger–Delta militancy, kidnapping, security–sector violence against civilians (such as the Endsars protest), piracy, political killings, terrorism, religious conflicts, to the rampant armed banditry in the north and the agitation for an independent states of Biafra and Oodua in the eastern and western Nigeria respectively.
Between 2012 and 2020 alone, insecurity has caused over 70,000 deaths.7 Among which Boko Haram insurgency left 35,000 people dead, 2.5 million displacement and 244,000 refugees, while farmers–herder clashes claimed over 10,000 lives.8 Many factors have been identified as the causes of security challenges in the country, among which are; poverty, corruption, unemployment, imbalance regional development, weak judicial system, poorly guarded boarder, high influx of arms, slavery, criminal situation and terrorist
threats9 from host of others.
Insecurity made the country to wallow in huge setbacks altering national development and growth, particularly economic development. One of such is the decline in foreign investment in the country which according to the Central Bank of Nigeria is now at 78.1%10 decrease. Insecurity in Nigeria, which keeps increasing day by day made the federal government of the country to come up with a new innovative policy of NIN sim integration, to cushion the menace and reduce it to the barest minimum.
Criticisms Against the NIN Sim Integration
When the first deadline of two weeks was given, Nigerians bemoaned the insensitivity and impracticability of the directive as it would occasion hardship on Nigerians to register their NIN and integrate such with their sim within such short period of time, considering the covid–19 situation in the country. Later with further extension of deadline, privacy concerns have been raised against the tenability of the directive. It has been raised that such approach might disrupt citizens’ freedom to communicate and associate with themselves anonymously, thus infringing upon their rights to privacy11, freedom of expression12 and association.13
Several lawsuits have been filed against this backdrop, one of which is that of the Edo Civil Society Organization (EDOCSO), requesting the Federal High Court in Edo state capital; Benin to declare the move by the federal government a breach and contravention of citizens’ right to privacy guaranteed under the fundamental human rights chapter of the 1999 Constitution of the Federal Republic of Nigeria.14
Also, more unsettling is that, there has been speculations that such data collected would only be used for illegal surveillance and spy on citizen’s calls and messages.15 These are some of the fear raised by Nigerians particularly considering the recent endsars protest, where it was said that illegal surveillance of personal data was used to witch–hunt and arrest some of the protesters.16 The uproar and concerns by Nigerians thus necessitate the need to look into the justiciability and cognizability of NIN sim integration in this age of insecurity in Nigeria.
The Justiciability and Cognizability of NIN SIM Integration in Nigeria
In every democratic society, the purpose of existence and primary responsibility of government is the protection of national security and welfare of the people. By definition, national security is the security and defense of a nation state, including its citizens, economy and institutions, which is regarded as a duty of government.17
The Nigerian constitution under the fundamental objectives and directive principles of state policy (chapter 2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) makes it the primary responsibility of the government, the security and welfare of the people. Section 14(1) and (2) a & b provides:
“(1) The Federal Republic of Nigeria shall be a state based on the principles of democracy and social justice
(2) It is hereby, accordingly, declared that:
(a) sovereignty belongs to the people of Nigeria from whom government through this constitution derives all its powers and authority;
(b) the security and welfare of the people shall be the primary purpose of government”.
On this basis, the federal government of Nigeria in order to reduce crimes and curb challenges threatening the security and welfare of the people in this age of insecurity introduced the NIN sim integration policy. According to his Excellency, president Muhammad Buhari: “The NIN will cover one of the weaknesses in our security structure. We will be able to easily identify and know the personality of Nigerians. We will identify people easily, including the crooks. The NIN is the foundation digital ID for the country; both Nigerian citizens and legal residents are expected to obtain the NIN….”.18
Since the NIN sim integration is meant to ensure and promote national security, which is the primary duty of government, any other right of an individual must come second. Therefore, the speculations by Nigerians that such approach by the government would infringe upon their fundamental right to privacy would pave way for the protection of national security to prevail. Although, the likelihood of people’s fundamental right to privacy being infringed upon is minimal.
The Supreme Court of Nigeria reiterated this apt position as a trite law in the case of Dokubo–Asari v. FRN 19 per Muhammed JSC;
“The pronouncement by the court below is that where national security is threatened or there is the likelihood of it being threatened human rights or the individual rights must be suspended until the [sic] National security can be protected taken of. This is not anything new. The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is greater than any citizen’s liberty or right. Once the security of this nation is in jeopardy and it survives in pieces rather than in peace, the individual’s liberty or right may not even exist”.
Moreover, the resultant effect of NIN sim integration might cause a situation where law enforcement agencies would intercept with personal communication data in cases of public emergency or in the interest of public safety. This would not amount to breach of any fundamental human rights such as; right to privacy, freedom of expression or association because the Nigerian Communications Act20 and the Lawful Interception of Communications Regulations21 give interception capability to law enforcement agencies into communication data of individuals in situations of public emergency or public safety.
This is justiciable and cognizable by a perusal of section 45(1) of the 1999 Nigerian Constitution which gives room for law cognizable in the interest public safety or defense not to amount to breach of rights to privacy, expression and association as the case may be. The section provides;:
“Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society (a) in the interest of defense, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedom or other persons”.
Also, the NIN SIM integration could be said to be cognizable, as it falls within the confines of the National Identification Commission Act, 2007. Section 27(1)g of the Act makes it justiciable, presentation of NIN issued to a registered individual for such transactions that may have social security implications, which in this instance, the NIN sim integration falls within. The section provides:
“27(1)–As from the date specified in that regards in regulations made by the Commission, the NATIONAL IDENTIFICATION NUMBER issued to a registered individual must be presented for the following transactions, that is(g): such transactions that have social security implications.”
Conclusion
In every democratic state like Nigeria, the major and primary duty of the government is the security and welfare of the people. Therefore, it is on this note that the federal government of Nigeria in order to promote security and protect the welfare of the people introduced the NIN SIM integration policy. Although, the approach has been criticized on many grounds, one of which is that it will lead to infringement of fundamental human rights of Nigerian citizens protected by the constitution. Conversely, the NIN sim integration is a policy that would further ensure the security and protect the welfare of Nigerian citizens,and infringement on their fundamental human rights is minimal, considering the fact that the security of the people surpasses other rights and when the security of the people are threatened as in the situation now,
other rights come second.
Footnotes:
1 Oreoluwa Adebayo, “Considering the Legal Tenability of the Implementation of New Sim Registration Rules” available at https://www.mondaq.com/nigeria/telecoms–mobile–cable–communications/1021168/considering–the–legal–tenability–of–the–implementation–of–new–sim–registration–rules accessed 25th June, 2021.
2 Grace Chimezie, “SIM/NIN Integration: The Impact of the Nigerian Communications Commission’s Policy”
available at <https://www.google.com/amp/s/www.benjamindada.com/sim–card–nin–integration–ncc/amp/
accessed 25th June, 2021.
3 Ibid.
4 Ibid (n2).
5 NCC Media Team, “Press Statement: Federal Government Lauds Citizens, Extends Deadline” available at
https://www.ncc.gov.ng/media–centre/news–headlines/943–press–statement–federal–government–lauds–citizens–extends–nin–sim–linkage–deadline–by–8–weeks accessed 26th June, 2021.
6 Tope Templar, “Nigeria ranks 146th on Global Peace Index, 8th Least Peaceful in Africa” available at
https://m.guardian.ng/news/nigeria/nigeria–ranks–146th–on–global–peace–index–8th–least–peaceful–in–africa/
accessed 27th June, 2021.
7 Paul Adeyeye, “The Changing Face of Insecurity in Nigeria” available at https://www.google.com/amp/s/www.dataphyte.com/development/governance–development/at–60–the–changing–face–of–insecurity–in–nigeria/%3famp_markup=1 accessed 27th June, 2021.
8 Ibid.
9 George Ibenegbu, “The Ten Causes of Insecurity in Nigeria and the Way Out” available at https://www.legit.ng/1106626–10–causes–insecurity–nigeria–the–way–out.html accessed 27th June 2021.
10 Chambers of Commerce, “Security Challenges in Nigeria and the Implications for Business Activities and
Sustainable Development” available at www.iiste.orgaccessed 27th June, 2021.
11 1999 Constitution of the Federal Republic of Nigeria (as amended) s37.
12 1999 Constitution of the Federal Republic of Nigeria (as amended) s39.
13 1999 Constitution of the Federal Republic of Nigeria (as amended) s40.
14 Ayang Macdonald, “Nigeria’s move to link Digital Identity Numbers to Sim Cards Sparks Lawsuit” available at https://www.biometricupdate.com/202102/nigerias–move–to–link–digital–identity–numbers–to–sim–cards–sparks–lawsuit accessed 27th June, 2021.
15 Ibid(n2).
16 Ibid.
17 Wikipedia, “National Security” available at https://en.m.wikipedia.org/wiki/National_security accessed 27th June, 2021
18 Ibid (n14)
19 (2007) 12 NWLR PT.1048
20 Tobenna Igweonu, “The Lawful Interception of Communications Commission” available at https://www.aluko–oyebode.com/insights/the–lawful–interception–of–communications–regulations/accessed 27th June, 2021.
21Regulation 4(a) and (b)
References:
Statutes
1999 Constitution of the Federal Republic of Nigeria (as amended)
National Identification Commission Act 2007 Nigerian Communication Act 2003
The Lawful Interception of Communications Regulation 2019
Cases
Dokubo Asari v. FRN (2007) 12 NWLR PT.1048
Oreoluwa .A, “Considering the Legal Tenability of the Implementation of New Sim Registration Rules” available at https://www.mondaq.com/nigeria/telecoms–mobile–cable–communications/1021168/considering–the–legal–tenability–of–the–implementation–of–new–sim–registration–rules accessed 25th June, 2021.
Grace .C, “SIM/NIN Integration: The Impact of the Nigerian Communications Commission’s Policy” available at <https://www.google.com/amp/s/www.benjamindada.com/sim–card–nin–integration–ncc/amp/ accessed 25th June, 2021.
NCC Media Team, “Press Statement: Federal Government Lauds Citizens, Extends Deadline” available at https://www.ncc.gov.ng/media–centre/news–headlines/943–press–statement–federal–government–lauds–citizens–extends–nin–sim–linkage–deadline–by–8–weeks accessed 26th June, 2021.
Tope .T, “Nigeria ranks 146th on Global Peace Index, 8th Least Peaceful in Africa” available at
https://m.guardian.ng/news/nigeria/nigeria–ranks–146th–on–global–peace–index–8th–least–
peaceful–in–africa/ accessed 27th June, 2021.
Paul .A, “The Changing Face of Insecurity in Nigeria” available at
https://www.google.com/amp/s/www.dataphyte.com/development/governance–development/at–
60–the–changing–face–of–insecurity–in–nigeria/%3famp_markup=1 accessed 27th June, 2021.
George .I, “The Ten Causes of Insecurity in Nigeria and the Way Out” available at
https://www.legit.ng/1106626–10–causes–insecurity–nigeria–the–way–out.html accessed 27th June
2021.
Chambers of Commerce, “Security Challenges in Nigeria and the Implications for Business
Activities and Sustainable Development” available at www.iiste.org accessed 27th June 2021.
Ayang .M, “Nigeria’s move to link Digital Identity Numbers to Sim Cards Sparks Lawsuit”
available at https://www.biometricupdate.com/202102/nigerias–move–to–link–digital–identity–
numbers–to–sim–cards–sparks–lawsuit accessed 27th June, 2021.
Wikipedia, “National Security” available at https://en.m.wikipedia.org/wiki/National_security
accessed 27th June, 2021.
Tobenna .I, “The Lawful Interception of Communications Commission” available at
https://www.aluko–oyebode.com/insights/the–lawful–interception–of–communications–
regulations/ accessed 27th June, 2021.
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