A lawyer, Gloria Ballason, has filed a N1 billion suit challenging the legality of the shutdown of telecommunication networks and internet services in some parts of Kaduna State.
The human rights lawyer filed the suit at the Federal High Court in Abuja against the telecom industry regulator, the Nigerian Communications Commission (NCC).
The plaintiff is alleging that the shutdown was not backed by law or due process and that it impinges on her rights, as well as those of other citizens.
Others listed in the suit included the Kaduna State governor, Nasir el-Rufai, the Attorney-General of Kaduna State, Airtel Networks Limited, Globacom Limited, Emirates Telecommunication Group Company (Etisalat) and MTN Group Limited.
The plaintiff, who resides in Chikun Local Government Area and operates her office in Kaduna South Local Government Area, said telecommunications and internet connection went off from early September 2021 until about November 27, 2021 “and connection has been epileptic up until the time of filing this case”.
Ms Ballasson said security reasons were cited as the reason for the shutdown, but that the level of insecurity in the state has not reduced in any manner.
“Rather, terrorists are still kidnapping, killing, collecting and impoverishing struggling families within Kaduna State”.
She cited media reports of an instance during the shutdown of telecom services in specified areas of Kaduna State when “bandits abducted 66 members of Baptist Church in Kakau area of Kaduna State and killed 2 out of the 66 abducted”.
According to her, sometime in early November 2021, bandits also attacked Yagbak and Abuyab communities in Atyap Chiefdom in Zangaon Kataf Local Government Area of Kaduna State wherein 11 persons were killed and several houses burnt.
“This act of the Governor and Government of Kaduna State has caused agony on me, the residents of the affected areas and citizens are compelled to embrace a retrogressive lifestyle,” she said.
She said the action “has crippled my litigation work and Radio/TV businesses as well as businesses of thousands of youths who make legitimate earnings utilizing telecommunication services as businesses that rely on telecommunications services have their means of livelihood (and those who depend on them) truncated.”
She added that due to the telecom shutdown, House of Justice Annual Summit & Banquet with the theme, ‘Leadership, Governance & National Security,’ which was slated to hold on November 26, 2021 at Epitome Events Centre Ethiopia Road, Barnawa Kaduna had poor attendance and online participants could not connect nor have access to discussions.
Among other prayers, the plaintiff urged the court to declare that the NCC as an independent national regulatory authority failed to be firm, fair and upright when it yielded to the directive of the Governor of Kaduna State which was not backed by law.
She sought a declaration that “telecommunications shutdown of telephone services and the internet not backed by law or due process impinges on the rights of the Applicant, citizens of a democratic state, is capable of consequential usurping of adjoining or corresponding fundamental rights and is hence unconstitutional.”
The plaintiff asked the court to award the sum of N100 million against the defendants “for arbitrary use of powers to interfere with the Rights of the applicant”.
She also sought an order for specific damages in the sum of N900 million “for loss of earnings, apprehension of safety, embarrassment, discomfort and inability to host already invited and confirmed international guests at the 2021 House of Justice Summit, the creation of a frustrating work environment and the boomerang effect for the Applicant and her clients during the time of the shutdown of telephone and internet network.”
She also asked the court to order that all monetary awards made by the court against the respondents or any of them “shall attract interest at the rate of 10 per cent interest per annum until total and final liquidation of same.”
The respondents have yet to respond to the suit.
