Court Declares Null And Void Provisions Of NIMC Registration That..

Court Declares Null And Void Provisions Of NIMC Registration That Restricts Access To Court And Freedom Of Association.

OnyxNews Nigeria reports that on Wednesday, the Federal High Court sitting in Abuja has in a judgment declared that Regulation 1 (1) (q) & (u) of the Mandatory Use of The National Identification Number Regulations 2017 is null and void to the extent that the regulation restricts the right of access to court and freedom of association as enshrined in the Constitution and the African Charter.

The suit which was initiated by one Eustace Nwaozuzu argued that the defendant, National Identity Management Commission, had by its regulation violated the provisions of the constitution and therefore was null and void. Plaintiff contended that the provisions of Section 27 NIMC Act and Regulation 1 (1)(u) of the Regulations introduced an obstacle to the exercise of the right by mandating the use of NINs in the filing and registration of criminal and civil actions or other arbitration processes. He noted that by Regulation 1 (1) (q) of the NIMC Regulations, the defendant has made mandatory the use of NIN before a person can become a member of a professional body which amounts to a violation of the constitutional right of a person to freedom of association.

He stated that by the provisions of Section 16 of the NIMC Act, the defendant has created two categories of people who can join professional bodies in Nigeria, that is; those who can obtain NIN and those who cannot. He stated that such categorization of persons is not contemplated or permitted by Section 40 of the Constitution.

On a different part, the defendant argued that no cause of action has been created against them and stated that the essence of the mandatory use of NIN is to uniquely identify Nigerians and non-Nigerians who resided in the country and assist government agencies providing services to identify persons that are entitled to those services. The defendant argued that the mandatory use of NIN is capable of filtering the members of a professional body and telling whether the members actually exist and are actual beneficiaries thereof.

In reaching a decision, Hon. Justice Ijeoma L. Ojukwu held that the right to seek access to court cannot be short-circuited except in the manner recognised by the Constitution or the procedure set out by the rules, practice, and procedure of the courts. She stated that the provisions run contrary to Chapter 4 of the 1999 Constitution as placing of NIN as a condition precedent to access court or join a professional body truncates a person’s right.

The presiding judge declared the said provisions, Regulation 1 (1)  (u) of the Mandatory Use of the National Identification Number Regulation 2017, null and void and inapplicable to the Federal High Court as it relates to court processes.

She stated that the plaintiff has established his right and cause of action and has succeeded in part in proving his claims. The defendant and its privies were restrained from enforcing or giving effect to the said provision which was declared null and void.