NIN-SIM Registration: Sacrificing the Health of Hapless Nigerians
In the past one month, many Nigerians have been subjected to the harrowing experience of being made to compulsorily wait in crowded, endless queues, to capture data to register and obtain the elusive National Identification Number (NIN). The challenges for both the National Identity Management Commission (NIMC) and the majority of Nigerians yet to be captured in this exercise, are humongous. The recent deadlines imposed by the Minister of Communications and Digital Economy, Dr Isa Pantami, to link all phone lines with NIN has thrown most into panic, as they scamper to meet the deadlines, and has put Nigerians at risk contracting the dreaded Covid-19. In the face of these challenges, Ikeazor Akaraiwe, Jide Ojo and Emmanuel Onwubiko suggest ways out of the conundrum
National Identification Number and the Challenging Issues Involved Ikeazor Akaraiwe
On 15th December 2020, the Nigerian Communications Commission (NCC) issued a directive titled "Implementation of New SIM Registration Rules" to all mobile network operators, to deactivate all SIM cards which have not been linked with a valid national identity card in 14 days with effect from December 16, 2020. The consequences of non-compliance with this directive include the blocking of any SIM without National Identification Number (NIN) from the networks, and the possibility of withdrawal of operating licenses of Network Operators.
The Directive
At a meeting of key stakeholders in the communications industry including the Chief Executive Officers ("CEOs") and Management of the Nigerian Communications Commission ("NCC"), the National Information Technology Development Agency ("NITDA"), the National Identity Management Commission ("NIMC") etc., the following decisions were taken for immediate implementation by all Network Operators:
1.Affirmation of the earlier directive to totally suspend registration of NEW SIMs by all operators.
2.Operators to require ALL their subscribers to provide valid National Identification Number ("NIN") to update SIM registration records.
r 5IF TVCNJTTJPO PG /*/ CZ TVCTDSJCFST UP take place within two weeks (December 16, 2020 – December 30, 2020).
1.After the deadline, ALL SIMs without NINs are to be blocked from the networks.
2.A Ministerial Task Force comprising the Minister and all the CEOs (among others) as members is to monitor compliance by all networks.
3.Violations of this directive will be met by stiff sanctions, including the possibility of withdrawal of operating licence.
This caused no small stir among millions of Nigerians who bemoaned the insensitivity, as well as impracticability of a directive with such a short implementation period. In light of the ongoing Covid-19 pandemic, others expressed concern over the dangerous health implications of massive public gatherings, such as would occur with teeming numbers struggling to either get registered with the NIN, or to link their SIMS with their NIN, aforesaid.
Mandatory SIM Registration
Mandatory SIM registration is a policy requiring users to provide personal information such as their names, national identification numbers, addresses and proof of identity credentials to register for or activate a prepaid SIM card. As a standard practice, existing users who fail to register their SIM cards within a governmentmandated period face network disconnection, resulting in loss of access to mobile services. In some circumstances, governments require Mobile Network Operators ("MNOs") to capture a photograph, fingerprints, and other biometric attributes of users to complete SIM registration.
As of March 2020, over 150 countries in the world including Algeria, Angola, Brazil, Cameroon, Chad, China, Ghana, Niger, Nigeria, Russia, South Africa, Switzerland, Togo, etc., had mandatory SIM card registration laws. Some countries took the extra steps of enacting mandatory biometric SIM registration laws. These countries include Bahrain, Bangladesh, China, Nigeria, Pakistan, Peru, Saudi Arabia, Tanzania, Uganda, United Arab Emirates, Zambia, etc. It is noteworthy that countries including Andorra, Bahamas, Bosnia and Herzegovina, Cabo Verde, Canada, Colombia, Comoros, Croatia, Czech Republic, Denmark, Estonia, Finland, Georgia, Hong Kong, Iceland, Ireland, Israel, Kiribati, Latvia, Liechtenstein, Lithuania, Marshall Islands, Mexico, Micronesia, Moldova, New Zealand, Nicaragua, Portugal, Romania, Slovenia, Solomon Islands, Sweden, United Kingdom, United States of America, do not have mandatory SIM card registration laws.
In November 2015, Zimbabwe's largest mobile service provider disconnected at least one million SIM cards, because they were unregistered. The Nigerian government has decided to take the same steps, in respect of mobile phone users unable to sync their NIN with their mobile numbers within the two-week deadline given. This will certainly be detrimental to interpersonal relationships, businesses and the general wellbeing of many in the populace.
Problems Associated With the Implementation of the New SIM Registration Rules
Nigeria is a country with a population of over 206 million inhabitants, having over 200 million active mobile phone lines. Only 41.5 million
“..... THE EUROPEAN COMMISSION DIRECTED THAT EU STATES PROVIDE EVIDENCE OF ACTUAL OR POTENTIAL BENEFITS FROM MANDATORY SIM CARD REGISTRATION MEASURES ..... THERE WAS NO BENEFIT EITHER TO ASSISTING CRIMINAL INVESTIGATIONS, OR TO THE COMMON MARKET TO HAVING A SINGLE EU APPROACH”
persons, less than a quarter, have registered for identity cards.
SIM registration in Nigeria began in April 2010, after the NCC ordered mobile network subscribers to provide personal information and submit biometric scans as a precondition for registration of SIM cards. Although it has continued over the years, this sudden regulation, according to NCC, is until the completion of an assessment of users to comply with proper data regulations.
In August 2020, the government mentioned that the focus of the NIMC had shifted from the production of plastic national identity cards to digital cards. Here, the identity of registered persons will be attached to their database, and can be accessed wherever they are. As relieving as this sounds, the problems associated with it abound, as it still does not take away the tormenting process of registration when people go to NIMC centres to have their information manually imputed into a computer.
A directive which compels citizens to get their NINs and sync with their mobile numbers, will probably occasion hardship to the citizenry. Getting a NIN in a country with this population is ordinarily a daunting task, particularly because the registration process requires the physical presence of the citizen at the NIMC Centres. Besides, the process is time-consuming. It follows that obtaining an NIN within a two-week timeframe is bound to be herculean, and most probably, impossible for every Nigerian mobile phone user.
And disruptively, citizens who lose their lines during this period will not be able to retrieve them until the ban on the suspension of registration of new SIM cards is lifted.
Covid-19
Another problem is the massive influx of people sure to flood the NIMC and SIM registration centres, increasing the risk of the spread of the Covid-19 virus. For a country battling its second wave of the deadly virus without any vaccine in sight, this is dangerous. Although, to facilitate the process and address the health risk, the MNOs have implemented some online alternatives such as the use of the Unstructured Supplementary Service Data (USSD) codes to link the NIN with mobile telephone numbers, it suffices to say that these alternatives may not be sufficient, due to the limited period for compliance and the limited scope of the electronic alternatives.
Furthermore, as a regulator, the NCC has chosen to put themselves up for public criticism, by threatening to block millions of mobile users from having access to the internet. Although they have agreed to this, network providers will suffer financial loss and the Commission will lose in tax returns.
Privacy Concerns
The mandatory SIM card registration has sparked privacy concerns amongst many citizens, and speculations abound that it may undermine the ability of citizens to communicate anonymously and associate with others, thus, infringing upon rights to privacy, freedom of association and freedom of expression. Another fear is that these rules, through the instrument of the Lawful
Interception of Communications Regulations 2019, may make it easier for law enforcement authorities to track and monitor people, creating an avenue for threatening vulnerable or activist persons or groups, and facilitating generalised surveillance. Already the Lawful Interception of Communications Regulations 2019 empowers authorised agencies including the Office of the National Security Adviser and the State Security Services, to intercept any communication, where the interception relates to the use of a communications service provided by a licensee to persons in Nigeria, or to the use of a communications service provided by a licensee to a person outside Nigeria.
Foreigners, Visitors, Refugees and the Forcibly Displaced
Many refugees immigrate to Nigeria yearly. In 2019 only, Nigeria hosted over 51,700 Cameroonian refugees (of which over 14,800 arrived in 2019, an increase of 35% compared to 2018). Article 14 of the Universal Declaration of Human Rights guarantees the right to seek and be granted asylum in a foreign territory, in accordance with the legislation of the State and International Conventions. Refugees are entitled to rights which should be protected as basic human rights, which rights include non-refoulement, freedom of movement, right to moveable and immoveable property as foreign nationals. A significant barrier for forcibly displaced persons and all visitors to Nigeria, would be their inability to meet the proof of identity requirements to legally register a mobile SIM card, or to open a mobile money account in their own name. Would foreigners be required to produce the national identity documentation of their countries, or will their international passport be sufficient to get issued with a SIM Card in Nigeria? It does appear that the government has not averted its mind sufficiently, to the challenges that the ongoing linkage of national ID with the SIM card will have on people in this category.
Conclusion
In 2012, the European Commission directed that EU States provide evidence of actual or potential benefits from mandatory SIM card registration measures and, after examining the responses it received, concluded there was no benefit either to assisting criminal investigations, or to the common market to having a single EU approach.
Whilst improvement of the integrity and transparency of the SIM registration process, building a widespread digital identity database, and improvement of national security could be cited as possible reasons for Nigeria's mandatory registration rules, the Nigerian government has failed to provide these reasons, or indeed, any justifiable reason at all, for the mandatory registration of SIM cards within such a short time frame. The directive issued by the government would seem to reflect lack of proper coordination amongst governmental agencies, unnecessary duplication of efforts and wastage of limited resources.
It is a trite rule of legal jurisprudence, that a law or legal directive must be reasonable, just and universally acceptable by the inhabitants of that society. A law must also not occasion any form of mischief, or cause untold hardship on the populace.
The NCC's new directive when considered under this jurisprudential microscope, seems impracticable and unreasonable. It seems to be lacking in empathy and consideration; and seems to be the opposite of what good law should portray. It is thus, proposed on the one hand that the directive for linkage of SIM cards with the NIN be discarded upon the premises of potential infringement upon rights to privacy, freedom of association and freedom of expression. But, if it must be sustained, citizens must be given a minimum of six months to comply with constant reminders on social, electronic and print media platforms.
NIN-SIM Registration and Public Health Compromise Jide Ojo Introduction
Having National Identity Numbers (NIN) and linking it with Subscriber Identification Modules (SIM), is a welcome development. According to the Nigerian Communication Commission (NCC), “Apart from enhancing our general safety, this will help in such vital exercises like National Budgeting, Policy Planning, Social Intervention programmes and many more”. As desirable as this exercise is, is the NCC and National Identity Management Commission (NIMC) going about it the right way? Is the exercise enhancing or impeding public health, particularly against the background of the second wave of Covid-19 pandemic? Are there no better ways to handle this national assignment?
Order from Above
Recall that on December 15, 2020, the Federal Government declared that after December 30, 2020, all SIMs that were not registered with valid NINs on the network of telecommunications companies, would be blocked. The press release signed by the Director Public Affairs of NCC, Dr. Ikechukwu Adinde, stated that: “Following the earlier directive on the suspension of new SIM registration by network operators, the Honourable Minister of Communications and Digital Economy, Dr. Isa Ali Ibrahim (Pantami) convened an urgent meeting of key stakeholders in the Communications industry on Monday, December 14, 2020. The meeting had in attendance the Chief Executive Officers (CEOs) and Management of the NCC, the National Information Technology Development Agency (NITDA), the NIMC, as well as the CEOs and management staff of all service providers in the industry”.
The statement read further that “At the meeting, the need to consolidate the achievements of last year’s (2019) SIM registration audit and improve the performance and sanity of the sector was exhaustively discussed, and all stakeholders agreed that urgent drastic measures have now become inevitable to improve the integrity and transparency of the SIM registration process. To this end, the following decisions were taken for immediate implementation by all Network Operators: Affirmation of the earlier directive to totally suspend registration of NEW SIMs by all operators; Operators to require ALL their subscribers to provide valid NIN to update SIM registration records; The submission of NIN by subscribers to take place within two weeks (December 16, 2020 and end by 30 December, 2020); After the deadline, ALL SIMs without NINs are to be blocked from the networks; A Ministerial Task Force comprising the Minister and all the CEOs (among others) as members, is to monitor compliance by all networks; and lastly, violations of this directive will be met by stiff sanctions, including the possibility of withdrawal of operating licence”.
This statement sent many Nigerians yet to register for NIN, scampering to NIMC offices across the country. Public outcry led to a threeweek extension for subscribers with NIN from December 30, 2020 to January 19, 2021, as well as six weeks extension for subscribers without NIN from December 30, 2020 to February 9, 2021. Here lies the problem. Given the fact that less than 50 million Nigerians have so far been enrolled on the NIN, how feasible is two months to accomplish this Herculean task?
JAMB’s Aborted Attempt
It can be recalled that ahead of the 2020 Unified Tertiary Matriculation Examination, Joint Admission and Matriculation Board (JAMB) similarly insisted that all applicants must have their NIN, before they will be allowed to write the examination. In a press release in September 2019 signed by its spokesman, Dr. Fabian Benjamin, the Board said “The JAMB will, during the 2020 registration exercise, use the National Identity Number (NIN) generated after successful registration with the National Identity Management Commission (NIMC). This includes the capturing of biometric and other necessary details, for the registration of all prospective candidates. Candidates are enjoined to register as the board will no longer be responsible for the capturing of candidates’ biometrics ahead of the examination, as all information required will be uploaded from the data captured by the NIMC. Henceforth, the NIN will be compulsory for the UTME registration”. However, on Saturday, January 11, 2020, the registrar of JAMB, Professor Ishaq Oloyede, announced the suspension of the directive. He said the move was to provide more time for candidates to get their national identification numbers, and also to address the technical challenges experienced at some NIMC registration centres.
Let’s Remind Minister Pantami, in case he forgets
In a recent interview, the Minister of Communications and Digital Economy blamed Nigerians’ lackadaisical attitude, for the crowding of the NIMC offices for NIN registration. According to him, initial directive for all Nigerians to get enrolled on NIMC database was issued on February 4, 2020, and that Nigerians had 10 months within which to comply. He said this against the barrage of negative media publicity, on the insensitivity of giving Nigerians two weeks to register for NIN and link it to their SIMs. However, much as the Minister was right about the nonchalance of many Nigerians, he ought to also have borne in mind that it was that same month of February 2020 that index case of Covid-19 was discovered in Lagos, and since then, things have not been normal in Nigeria again as the country went through lockdown and shutdown, and by the time we thought the worst was over on Covid-19 there was a resurgence of the pandemic. Recall that due to the pandemic most government offices including those of NIMC across the country were shut down, with only skeletal services going on as workers on Grade Level 12 and below were asked to stay home. As at first week of this month, three NIMC staff reportedly have contracted Covid-19. This has caused a scare at the Commission, with workers now demanding for Personal Protective Equipment among other requests.
“..... THE NIGERIAN GOVERNMENT HAS FAILED TO PROVIDE THESE REASONS, OR INDEED, ANY JUSTIFIABLE REASON AT ALL, FOR THE MANDATORY REGISTRATION OF SIM CARDS WITHIN SUCH A SHORT TIME FRAME”
Inadequate Registration Centres
The point is that the time given for Nigerians to enrol on NIMC database and obtain their NIN is still grossly inadequate, despite the six weeks extension. The country is battling the second wave of Covid-19, with many sectors of the country including schools, being asked not to resume until January 18, 2021.Why the clearly infeasible deadline? What is very fundamental with NIN and SIM linkage that cannot be done in years, say, in three years? As at December 2020, NIMC has licensed 173 centres and 30 State government institutions to conduct the enrolment of the National Identity Number (NIN) across the country. This number is obviously inadequate, to register the over 160 million Nigerians who are yet to be captured on the NIMC database.
Options for Consideration
If Federal Government feels registering all Nigerians in a record time of two months is non-negotiable, then let NIMC do what the Independent National Electoral Commission under Prof. Attahiru Jega did in 2010, when it wanted to have a fresh nationwide voters’ registration exercise ahead of the 2011 General Election. The Commission submitted the budget for Polling Unit based Voter Registration exercise, and got funding for about 130,000 Direct Data Capturing Machines (DDCM). With that INEC was able to do a PU level enrolment at its 119,973 Polling Units, and in about two weeks, it had registered all eligible voters. Thus, Federal Government should deploy more resources to NIMC to buy more machines, hire ad-hoc staff, train and deploy them to INEC Polling Units for NIN registration. If the budget for that will be too much, NIMC can be mobilised to do Ward Level NIN Registration. INEC has 8,809 Registration Areas, also known as Wards. Let NIMC deploy to this level, and in one month or less, all Nigerians would have been captured on its database. If this will still be too costly, let NIMC be resourced to deploy to the 774 Local Government Areas.
If the aforesaid does not gel with FG or NIMC, then sufficient time should be given to Nigerians to get enrolled. I actually like the ecosystem option mentioned on Weekend File of January 9, 2021 on Nigerian Television Authority by the Director General of NIMC, Engr. Aliyu A. Aziz. He said the Commission is proposing situation where if anyone goes to Nigerian Immigration Service to renew or obtain international travel documents, he will be registered for NIN alongside registering to get his international passport. Similarly, if you go to obtain your Driving Licence, you can also register for NIN, even if you go for SIM registration at the mobile telecommunication outlets, in addition to the primary reason of going there, you can also register to obtain NIN. This is laudable! However, it is imperative that the set deadline of January 19 or February 6, needs to be lifted. People should therefore, be able to register in a seamless manner when they need certain services.
What’s the Status of the 2015 Presidential Directive on Biometric Data Integration?
By the way, what has become of the presidential directive for data harmonisation and integration of 2015? Recall that after President Muhammadu Buhari was enrolled by NIMC and issued his NIN, a marching order was issued to all government agencies collecting demographic and biometric data of citizens and legal residents to aggregate their data into a single databank, to be domiciled with and managed by the NIMC. The directive was issued by Vice President Osinbajo at a meeting held at the Presidential Villa on Monday, December 21, 2015 and attended by data collecting agencies of Government and the Nigeria Inter-Bank Settlement System (NIBSS). Vice President Osinbajo also directed that a technical committee be set up, comprising the affected agencies and to be coordinated by NIMC, to define the parameters and methods to achieve the data aggregation. The committee was given until the third week in January 2016 to submit a preliminary report to the Vice President. Prof. Osinbajo explained that Government’s interest in the aggregation of citizens’ data, is basically to assist it cross certain hurdles in its quest to improve the socio-economic landscape of Nigeria, particularly targeting the poorest and most vulnerable persons, as well as to issue unique identification numbers to every Nigerian and legal resident for the improvement of national security, among others.
Right now, Nigerians have their biometric data with banks before being issued Bank Verification Number, better known as BVN. Similarly, to obtain an International Passport and Driving Licence, all the biometric data of the applicants including facial picture and fingerprints are captured. When INEC registers citizens to enable them vote, these same details are captured, likewise when they register for their SIM cards. If this data integration ordered six years ago had been complied with, those who have not been registered on NIMC database would have been identified and issued NIN without having to undergo fresh registration. For instance, I recall that in Egypt, when I was there to observe the 2014 presidential election, the Egyptian voters used their National Identity Cards to vote, and did not have to register separately to vote.
Conclusion
The Minister of Communications and Digital Economy and his task force team members, must understand that the security and welfare of citizens are primary reason of Government according to Section 14(2)(b) of 1999 Constitution of Nigeria, as amended. The implausible deadline issued for Nigerians to enrol for NIN is compromising public health and safety, as there are stampedes in many NIN registration centres across the country. Exploitation of desperate enrolees has also been widely reported in the media, even as NIMC has had to sack some of its staff for
this corrupt practice. In order to nip all this in the bud, NIMC should lift the deadline and decentralise the registration procedures. It is better to be safe, than to be sorry.
Jide Ojo, Development Consultant, Newspaper Columnist, Author, TV Show Host and Public Affairs Analyst NIN-SIM Registration Aggravating the Pandemic
Emmanuel Onwubiko
A sign that dictatorship or authoritarianism has berthed in any nation State, is when the President or the head of government formulates and implements public policies with scant regard to the public good.
Senator Shehu Sani’s Book
In his book “Civilian Dictators of Africa,” a civil Rights campaigner in Nigeria, Shehu Sani, puts it succinctly thus: “The concept of authoritarianism is used in this book to denote all those forms of government or social control which are characterised by strict obedience to the authority of a State or organisation, often maintained through the use of coercive measures and which are strongly hierarchical”.
Shehu Sani who was the Senator that represented Kaduna Central in the eight session of the Senate, said further:
“In addition, citizens are subject to State authority in many aspect of their lives, to the extent their civil liberties and freedom are eroded. Usually an authoritarian government is undemocratic, and has the power to govern without the consent of those governed”.
He said that though authoritarianism is in degrees, and even very democratic States may have elements of authoritarianism, the concept is employed in this book to broadly denote democratic governments or which major types include: Absolutism, Aristocracy, Autocracy, Despotism, Dictatorship, Kleptocracy, Monarchism, Oligarchy, Plutocracy, Theocracy, Totalitarianism, and Tyranny.
Sani said it should be noted however that, these government types are not private mutually exclusive, and most times, overlap.
His words: “Absolutism is a political system in which there is no legal, customary, or moral limit on the government’s power. The term is generally applied to political systems ruled by single dictators, but can also be applied to seemingly democratic systems that grant sweeping powers to the legislative or executive”.
“The major elements of absolutism, according to Encarta (2006) are: centralisation of power, close control of social groups, and absence of competing political parties. This reference however, notes that beginning with the 20th century, many absolute regimes which were openly dictatorial began to put up appearances or popular representation, which was largely a mere façade.”
R.K.Sapru’s Book
A renowned intellectual, R.K. Sapru writing on the concept of forces in the policy-making process which is a chapter in his scholarly book titled: “Public Policy: Formulation, Implementation and Evaluation”, expertly asserts that carrying the people along in policy making process by government is a categorical imperative (if I can borrow a term developed by Immanuel Kant, the German philosopher and a central figure of the enlightenment school of thought).
R. K. Sapru then explained in greater detail in the following notes: “The subject of this chapter is how policy –makers take decisions. It is thus, concerned with power, since policy-making is essentially a manifestation of power. It is therefore, important to understand exactly how power is exercised in the policy-making process”.
“Power is described as, the ability to bring about some change in the behaviour of other people. In a social context it is defined as “the capacity of an individual or groups, in the manner which he desires”.
Further, the researcher said: “In terms of public policy, power may relate to the choice of individual, or groups, or holders of public offices to determine policy decision. Such decisions may relate to the choice of individuals for political offices, and also to the selection of different purposive courses of action”.
“In policy-making, power is exercised by different individuals and groups: the members of the Council of Ministers, members of parliament, bureaucrats, leaders of organised interest, individual citizen, for example. Each set of forces exercises certain influences which, taken together, make up policy-making process. This is to say that there is a ‘process’ through which public policy is made. The process consists of the complex interrelationships of the decisions made under the influence of powerful individual and groups.”
The author of this award winning book on public policy spoke further: “The sources of power which effect change in other people’ behaviour are many. It is easier to identify the source of an individual’s power, than to determine which individuals have power in the sense of bringing about a crucial change at a significant moment. The problem becomes complicated by the fact that in politics, groups rather than individuals, affect the way the policy is made. Policy-making is thus “an extremely complex analytical and political progress to which there is no beginning or end, and the boundaries of which are most uncertain”.
“FEDERAL GOVERNMENT SHOULD DEPLOY MORE RESOURCES TO NIMC TO BUY MORE MACHINES, HIRE AD-HOC STAFF, TRAIN AND DEPLOY THEM TO INEC POLLING UNITS FOR NIN REGISTRATION”
Unconstitutionality of Government’s Directive
Flowing from the above is a quick reminder that, the policy introduced by Minister of Telecommunications and Digital Economy, Isa Ali Pantami towards the end of last year compelling nearly
“..... THE POLICY INTRODUCED BY MINISTER OF TELECOMMUNICATIONS AND DIGITAL ECONOMY ..... TO SO OBTAIN THE NATIONAL IDENTITY NUMBER WITHIN TWO WEEKS OR LOSE THEIR TELEPHONE LINES, IS ONE SUCH DICTATORIAL AND DRACONIAN DECISION THAT IS TOTALLY UNCONSTITUTIONAL AND ILLEGAL"
100 million telecom subscribers in Nigeria who have not yet been enrolled in the National Identity data base of the National Identity Management Commission, to so obtain the National Identity Number within two weeks or lose their telephone lines, is one such dictatorial and draconian decision that is totally unconstitutional and illegal.
Besides, this directive is a direct breach of the relevant sections enshrined in Chapter 4 of the 1999 Constitution, because if the users of telecommunication services are arbitrarily denied access to their means of communication only because of an extraneous requirement that was not in existence when the lines were obtained, then government has violated all known fundamental freedoms as contained in Chapter 4 of the Constitution, and most especially, the right to freedom of information. It amounts also to an egregious breach of contractual obligations.
Also, the timing of this directive and the short deadline coming amidst the rampaging second wave of Coronavirus Pandemic in Nigeria, is a breach of the Constitutional provision of 33(1) of the constitution which is right to life.
This is so because, compelling people in their huge numbers to embark on stampede just so they get the NIN even at the risk of contracting Covid-19, is an attempt to deny citizens of their right to life. It has also made government the SUPER SPREADER OF COVID-19 PANDEMIC IN NIGERIA.
As stated earlier, the conception, implementation and timing of this public policy is directly offensive to Civility, rule of law, and is a manifestation of the authoritarian tendency which is diametrically opposed to constitutional democracy, which stresses that the primary duty of government is the promotion of the welfare and security of the citizens.
Out of the blue, the Nigerian Government ordered all telecommunication service providers to ask all subscribers to provide their National Identification Numbers (NIN). Subscribers who fail to do so within two weeks are to be blocked from using their SIM cards. This was the resolution reached at a meeting between the Minister of Communication and Digital Economy, and stakeholders in the Communication industry on Monday. The resolution was disclosed by the spokesperson of the Nigeria Communication Commission (NCC) in a statement. Nigerians were never consulted.
The major telephone networks in Nigeria are Globacom, MTN, Airtel and Etisalat. The meeting affirmed the earlier directive to totally suspend the registration of new SIM cards by all operators.
“Operators to require ALL their subscribers to provide valid National Identification Number (NIN) to update SIM registration records.
“The submission of NIN by subscribers to take place within two weeks (from today December 16, 2020 and end by 30 December, 2020).
“After the deadline, ALL SIMs without NINs are to be blocked from the networks.
“A Ministerial Task Force comprising the Minister and all the CEOs (among others) as members is to monitor compliance by all networks. Violations of this directive will be met by stiff sanctions, including the possibility of withdrawal of operating licence.
“The general public is hereby, urged to ensure that their NINs are captured in their SIM registration data. All inconveniences which might be occasioned by this directive, are deeply regretted.”
At the meeting, the need to consolidate the achievements of last year’s SIM registration audit and improve the performance and sanity of the sector was discussed, and all stakeholders agreed that urgent drastic measures have now become inevitable to improve the integrity and transparency of the SIM registration process, the NCC said.
When it became clear that the deadline could not be humanly met, the government that has so far failed to listen to the voices of reason, extended the deadline briefly, but millions of people continued to surge forward to obtain the NIN to synchronise their telephone lines, so as not to lose these essential services. Many would have contracted the Covid-19 disease, which is spreading with virulent force.
Notwithstanding the danger inherent in going ahead with this toxic policy, the Federal Government of Nigeria announced the extension of the period of the registration of SIMs with National Identification Number (NIN), as well as the cancellation of USSD and Verification Fees.
This announcement was made in a press statement issued and signed by Engr. Aliyu Aziz, Director-General, NIMC, after the meeting held by the National Task Force on NIN and SIM Registration.
It is important to note that, the information conveyed in the press statement include resolutions made at the meeting chaired by the Honourable Minister of Communications and Digital Economy, Dr. Isa Pantami, with major stakeholders in the sector including Chairman-NCC, EVC-NCC, DG-NITDA, DG-NIMC, ECTS/ECSM-NCC, Chairman ALTON, CEOs of MTN, Airtel, Ntel, Glo, Smile, and 9Mobile in attendance.
At the meeting, after reviewing the recent developments at hand and the mounting issues which unravelled today owing to logistics and infrastructural hiccups experienced at the NIMC offices today, the National Task Force made a resolution that three weeks extension should be granted for subscribers with NIN, from 30th December, 2020 to 19th January, 2021. The National Task Force also granted six weeks extension to subscribers without NIN, starting from 30th December, 2020 to 9th February, 2021.
Government claimed that based on the endorsement of the Federal Government of Nigeria, the National Task Force disclosed that: NIMC has provided strategies to enable citizens to attend the registration in full compliance with Covid-19 protocols – particularly the use of face masks which remains mandatory, and maintenance of social distancing.
Also, the Ministry said the President appreciates Nigerians for their patience and commitment to update their identities; while he thanked all stakeholders for their compliance with the directives.
His words: “Mr. President also commended the efforts of the Task Force, and urged all stakeholders to take advantage of the extension to link their SIM card with their NIN”.
Citizen Feedback
However, this policy shows that this Government does not believe in its social contractual role of listening to the people, before implementation of public policies.
Some researchers who clearly may be attempting to understudy the essential elements of responsive leadership asked in their research thus: “Why should Government ask for feedback from citizens?” They answered that well, quite apart from anything else, getting feedback on your policies and approaches, and really listening to what citizens think, care about and find important (and then doing something about it!) can help prevent nasty surprises. (Is it too early to mention Brexit!).
They argued that it is important that Government doesn’t just get feedback in a market research type sense - i.e. ‘wadaya think about X’, but engages in a constructive and thoughtful way with society, and responds constructively to issues and concerns.
Research, they affirmed, shows that involving citizens in a collaborative way can not only help prevent nasty surprises, but can save money, and brings with it a range of benefits and outcomes beyond just narrow cost-focused gains.
The cost of not engaging also has to be taken into consideration too - for example legal challenges to ill thought through policies, can be vastly more expensive than thoughtful collaborative approaches with citizens to get to mutually agreeable solutions, they affirmed.
A brilliant resource, with case studies, for anyone in government wanting to engage with citizens is a ‘toolkit’ called ‘Making the Case for Public Involvement’. It has been developed specifically for policy makers by the UK’s leading public participation charity, Involve. It is a very practical tool which helps define the purpose, potential benefits, costs and measurement of success and ‘how to’s’ on delivery with real examples.
Citing Aidan Muller Digital Strategy Director ‘We are Flint (UK)’, the researchers said there is a mechanism through which governments know whether they are succeeding or not: elections.
"However, democracy is about more than just elections. It is also about day-to-day participation in civic life. At the grassroots level through community initiatives, and at governmental level through a strong civil society."
"There is a wealth of expertise and experience within the population, that a healthy democratic society needs to be able to call upon. This is what public consultations, for example, were intended for. But, the old model is flawed because consultations are not properly marketed to citizens; and when they are, consultation documents are not in a format which allows the population to engage with the issues (read impenetrable). Consultations have become little more than weak efforts to pay lip-service to participation, falling far short of the ideal behind their creation."
Also, they said that the Social media now allows multiple people to engage with an issue in a public forum. Well thought-out digital content, allows the complex to be made comprehensible. Now the technology exists, if democracies don’t leverage it to listen to people who want to contribute to the public debate in the way that consultations were intended, citizens will become frustrated and disenchanted.
We are already seeing the symptoms. This frustration has undoubtedly contributed to the malaise which we see in many western democracies, they concluded (Gabriella Capone, a consultant, public engagement).
Shapiro’s Report
Still exploring the dangers of carrying through public policies without consultation, we will look at a report of a two-year investigation. Pennsylvania Attorney-General, Josh Shapiro, released the findings of the Statewide Investigating Grand Jury looking into misconduct by the Pennsylvania Department of Environmental Protection (DEP).
The report found that the DEP “did not do enough to properly protect the health, safety and welfare of the thousands of Pennsylvania citizens who were affected by this industry” and outlined a number of recommendations, including increasing the minimum distance between fracking and homes, and closing the revolving door between DEP and the industry. All of these recommendations are made in good faith, but they miss the point. People were ignored, gaslit and sent home, with no hope that their government will protect them. Our democracy is crumbling, and communities are paying the price. No bullet points or action items, can fix that.
This report in USA validates the experiences of families living along fracking’s front lines who have been ignored and dismissed for more than a decade. It echoes what we have said all along: polluters are exploiting communities throughout our region and flouting the most basic health protections, while elected officials on both sides of the aisle and agencies sworn to protect us, turn a blind eye. This isn’t about the environment, it is about basic human rights. It is about access to justice. It is about democracy.
Shapiro shared stories of children with uncontrollable bleeding and rashes caused by contaminated bathwater, stories that are unfortunately all too common for those living alongside petrochemical infrastructure. He explained that when people called the DEP for protection, they were threatened for filing a false complaint. They were told they were crazy, and they were abandoned when they needed help most.
Those in power, the report concludes must now be held accountable for the failures outlined in this report, and must take action to rebuild the democracy they have destroyed.
"To restore our commonwealth, we need more than politics as usual. We need our leaders to listen to the people, who they have ignored. They deserve more than a political stunt, and a pivot to a new direction of safe fracking. The people need to have a say in what happens next."
Conclusion
There is no better way to conclude this reflection, than to borrow the aforementioned conclusion of the report by that Environmental Lawyer in USA, by asking President Muhammadu Buhari to stop spreading Covid-19 disease through compulsory NIN registration. Call off this NIN insanity now.