SERAP sues Buhari over ‘security agencies’ access to subscribers’ details’ via NIN-SIM linkage

The Socio-Economic Rights and Accountability Project (SERAP) has instituted a lawsuit against President Muhammadu Buhari over the alleged approval granted to security agencies “to access people’s personal details via NIN-SIM linkage without due process of law.”

This was made known in a statement issued on Sunday by the SERAP Deputy Director, Kolawole Oluwadare, as contained in the suit number FHC/L/CS/448/2022 filed last Friday at the Federal High Court, Lagos.

In February, President Buhari had reportedly granted approval to some security agencies to access the database of the National Identity Management Commission (NIMC) in the course of carrying out their duties.

As a result, SERAP, in its lawsuit, urged the court to determine “whether the approval for security agencies to access people’s personal details via the National Identification Number [NIN] without due process is consistent with the principles of legality, necessity, and proportionality.”

The organisation also sought for “an order setting aside President Buhari’s approval for security agencies to access people’s personal details via NIN-SIM linkage without due process of law, as this amounts to violations of private and digital communication rights, right to family life, human dignity and personal liberty.”

It also asked for “an order of perpetual injunction restraining the Federal Government or any other authority, persons or group of persons from unlawfully accessing people’s personal details via NIN-SIM linkage without due process of the law.”

SERAP argued that millions of Nigerians might be scared for their privacy due to the constant surveillance as a result of the President’s approval.

Read also: SERAP sues Buhari for failure to probe payment of security votes to Govs since 1999

“In the digital age, protecting the right to privacy requires exceptional attention. The approval may be used as a pretext by security agencies to violate Nigerians’ right to privacy and other related human rights.”

“Interference with an individual’s right to privacy is not permissible if it is unlawful or arbitrary.

“While the effectiveness of the fight against serious crime may depend to a great extent on the use of modern investigation techniques, such an objective of general interest, however fundamental it may be, cannot in itself justify the unlawful or arbitrary interference with the right to privacy.”

“Unlawful or arbitrary access to people’s personal details would contravene section 37 of the Nigerian Constitution 1999 (as amended), article 17 of the International Covenant on Civil and Political Rights, and article 5 of the African Charter on Human and Peoples’ Rights, which protect against arbitrary or unlawful interference with one’s privacy.”

“The power to access individual’s details raises serious concerns as to their arbitrary use by the authorities responsible for applying them in a manner that reduces human rights by the monitoring and surveillance of millions of Nigerians.

“Violations or abuses of the right to privacy might affect the enjoyment of other human rights, including the right to freedom of expression and to hold opinions without interference.

“The undermining of the universality of fundamental human rights, alongside the potential encroachment upon the enjoyment of the right to privacy raised by the presidential approval, shows the need for the approval to be reversed.

“If not reversed, the approval would allow security agencies to access the data of the over 73 million Nigerians who have linked their National Identity Number with their SIM, and other people who may do so,” SERAP noted

Joined in the suit as Respondents are Mr Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice, and Mr Isa Pantami, Minister of Communications and Digital Economy.

No date has been fixed for the hearing of the suit.

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now