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A Lagos-based lawyer, Olukoya Ogungbeje, has called on the Federal High Court in Lagos to commit the Chief Executive Officer of the Nigerian Communications Commission (NCC), Dr. Aminu Maida, to prison for alleged contempt of court. This follows claims that Dr. Maida and others disobeyed a court order prohibiting the deactivation of SIM cards not linked to the National Identification Number (NIN).
Ogungbeje initiated contempt proceedings before Justice Ibrahim Kala, also urging the court to jail the Chief Executive Officers of all major telecommunication companies in Nigeria for allegedly failing to comply with the court’s directive.
Others named in the proceedings include Karl Olutokun Toriola, CEO of MTN Nigeria; Karl Cruz, CEO of Airtel Nigeria; Michael Adenuga Jr., Chairman and CEO of Globacom; Juergen Peschel, CEO of 9Mobile; and Gbenga Adebayo, Chairman of the Association of Licensed Telecommunications Operators of Nigeria.
On February 22, 2024, Justice Ambrose Lewis-Allagoa issued an order restraining Dr. Maida, the NCC, and telecommunication service providers from proceeding with the proposed deactivation and barring of SIM cards not linked to NINs. The order was delivered in a suit filed by Ogungbeje, numbered FHC/L/CS/677/22.
Despite the ruling, Ogungbeje alleged that the respondents failed to comply with the court’s directive. In response, he filed Form 48 (Notice of Consequences of Disobedience to Court Orders/Ruling) and Form 49 (Notice to Show Cause Why an Order of Committal Should Not Be Made) before Justice Kala.
Ogungbeje based his motion on Section 72 of the Sheriffs and Civil Process Act, Order 35 Rules 1 and 2 (1)(2) of the Federal High Court Civil Procedure Rules 2019, Order IX Rules 13(1)(2) of the Judgement Enforcement Rules, Order 26 Rules of the Federal High Court Civil Procedure Rules 2019, and Section 6(6)(A)(B) of the 1999 Constitution of the Federal Republic of Nigeria.
While moving the applications, Ogungbeje emphasized that the inherent jurisdiction of the court preserved by the Constitution empowers it to enforce compliance with its rulings.
The case underscores ongoing tensions between legal directives and their implementation by regulatory agencies and private sector players. As proceedings continue, the Federal High Court’s decision will serve as a critical precedent for enforcing court orders in Nigeria.
