NIN-SIM linkage: SERAP writes Buhari over ‘unlawful access to subscribers’ details’

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to use his “good offices and leadership position to urgently review and rescind your reported approval for security agencies to access people’s personal details via NIN-SIM linkage without due process of law.”

SERAP is also urging the president to “send executive bills to the National Assembly to repeal and reform all laws, which are inconsistent and incompatible with Nigerians’ rights to privacy, dignity and liberty.”

SERAP’s letter followed reports that some security agencies have received presidential approval to access people’s personal details via the database of the National Identity Management Commission in the course of carrying out their duties.

In the letter dated 5 February 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “If your reported approval is not rescinded, millions of law-abiding Nigerians may feel that their private lives are the subject of constant surveillance.”

SERAP said: “The interference entailed by unlawfully or arbitrarily accessing people’s personal details is far-reaching and must be considered to be particularly serious.”

According to SERAP, “The reported approval to allow security agencies to access people’s personal details via NIN-SIM linkage without due process of law directly interferes with the privacy, dignity and liberty of individuals.”

SERAP also said, “Interference with an individual’s right to privacy is not permissible if it is unlawful or arbitrary.”

The letter, read in part: “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 and democratic principles by the monitoring and surveillance of millions of Nigerians.”

“It is crucial to rescind the approval, and respect the autonomy of individuals to receive and share information of a personal nature without interference from the authorities, if unintended adverse consequences are to be avoided.”

“The risk of arbitrary or abusive interference shows the importance for your government to comply fully with the requirements of legality, necessity and proportionality.”

“The right to privacy allows Nigerians to hold opinions and exercise freedom of expression without arbitrary or illegal interference and attacks.”

“Private conversations of individuals – which belong to their intimate sphere and contribute to their personal development – also enjoy strong legal protection and can only be limited based on the principles of legality, necessity and proportionality.”

“The reported presidential approval to security agencies does not align with the principle that any restriction on human rights capable of limitation should be the least intrusive means possible, and shall be necessary and proportionate to the benefit sought.”

“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.”

“SERAP notes that the right to privacy can enable the enjoyment of other rights and the free development of an individual’s personality and identity, and an individual’s ability to participate in political, economic, social and cultural life.”

“In relation to the requirement of legality, any limitation must be expressly, exhaustively, precisely, and clearly provided for in a law in the formal and material sense. It is not enough that the restrictions be formally approved by the president or by any other competent body: they must also be sufficiently clear, accessible and predictable.”

“Similarly, measures restricting enjoyment of the right to privacy must comply with the principle of proportionality, meaning that they must not unduly interfere with other rights of the persons targeted.”

“In the digital age, protecting the right to privacy requires exceptional attention. While acknowledging the challenging issues that your approval may seek to address, SERAP is seriously concerned that this may be used as a pretext by security agencies to violate Nigerians’ right to privacy and other related human rights.”

“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, suggests the urgent need to review the matter, and rescind your approval, consistent with constitutional and international standards.”

“SERAP notes that the relationship between data principals and the authorities involves a power imbalance. Nigeria ought to provide the leadership in developing a data protection framework that is fully consistent and compatible with the protection of the fundamental and inalienable right to privacy.”

“According to reports, some security agencies have received your approval to access people’s personal details via the database of the National Identity Management Commission in the course of carrying out their duties. The Minister of Communications and Digital Economy, Isa Pantami reportedly conveyed the approval to the relevant security agencies.”

“Mr Pantami also reportedly stated that the approval would enhance security as it would help security operatives to go after kidnappers and other criminals.”

“The approval would now 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.”

“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.”

“Any constraints upon the right to privacy must strictly comply with the principles of legality, necessity and proportionality. These requirements are included in the Nigerian Constitution and the human rights treaties to which Nigeria is a state party.”

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.”

The letter was copied to Mr Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice, and Mr Isa Pantami, Minister of Communications and Digital Economy.

Kolawole Oluwadare
SERAP Deputy Director
6/2/2022
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202

Press Statement

Why I’m Investing In Computer Education – Rt. Hon. Dekor

…As World-Class ICT Centre Construction Project In Ogoni Is Handed Over To Contractor

The member representing Khana/Gokana Federal Constituency in the House of Representatives, Rt. Hon. Dumnamene Robinson Dekor has again reaffirmed his resolve to invest in the education sector, asserting that education remains the bedrock of development for Ogoni people.

Speaking at Birabi Memorial Grammar School (BMGS), Bori, Wednesday, February 2, 2022, while mobilizing the contractor for construction of the world-class ICT centre project to the site, the lawmaker stressed that computer-based education would expand the knowledge base of the people and make them more relevant in this 21st century.

Rt. Hon. Dekor who facilitated the world-class ICT centre through the Niger Delta Development Commission, NDDC, while hoping that Ogonis would avail themselves of the opportunity offered by the facility when completed, noted it is for this reason that most of his projects are focused on education and human capacity development, adding that the more people have computer education in Ogoniland, the better for the larger populace.

The lawmaker who is also the Chairman, House Committee on Host Communities said he prefers to empower the people through education rather than giving them what he called ‘material things’, stressing that the world-class computer centre when completed, would serve as a JAMB Centre and even a centre for the National Open University of Nigeria (NOUN) for the good of all Nigerians and Ogonis in particular.

“I had provided ‘Keke Napep’ and motorcycles before and I discovered that in most cases the man that gets it, sells it off immediately. Sometimes, those that need them don’t even get them.

“I believe when you have education, you open the space for people to buy their own motorcycles and their own cars. So, let us address the basics and that’s what we are trying to do, to address the issues of education”, he reasoned.

The former Deputy Speaker in the State House of Assembly and one-time Commissioner for Works also hinted that the ICT Centre would be furnished with first-class internet facilities with a sitting capacity of about 500 students when completed.

He further disclosed that the centre is sited at the famous Birabi Memorial Grammar School, BMGS, Bori, as the college is the flagship of Ogoni people, adding that the project is for now, the only one in the whole of the Rivers South-East Senatorial District.

“This world-class ICT Centre will help our people when they are going to write JAMB exam or any other computer-based examination. They won’t have to travel all the way to Port Harcourt, Edo or Abia States and other States to write JAMB. They will simply choose Bori as their centre”, he enthused.

Rt. Hon. Dekor said plans have also reached advanced stage for the construction of a road and a bridge to link the hinter areas like Kor and Kpong, as according to him, Bori town is getting congested and a bridge to these areas would greatly enhance decongestion of the ancient city.

Speaking at the ceremony, the contractor handling the project, Engr. Emeka Chukwu said his company, OMEK Investment Nigeria Limited, has already hit the ground running, assuring that the project would be completed in three months’ time.

He expressed appreciation to the lawmaker representing Khana/Gokana Federal Constituency, Rt. Hon. Dumnamene Robinson Dekor for choosing Bori as the site for the project.

Also speaking at the occasion, the Principal of Birabi Memorial Grammar School, Bori, Mr. Saganee Edward expressed gratitude to Rt. Hon. Dum Dekor for his initiative in bringing the ICT Centre to the school, stating that students and Ogoni people in general, would be saved the hassles of travelling outside the state for computer-based examinations.

“I am very happy, just like the staff and students as well as Ogonis are happy over this laudable project. I am appealing to other well-meaning leaders of Ogoni to borrow a leaf from the Honourable member of the House of Representatives, Rt. Hon. Dum Dekor, to contribute their own quota to the development of Ogoni”, said the elated Principal.

RT. HON. DUM DEKOR MEDIA TEAM

Thursday, February 03, 2022

PRESS RELEASE
SANWO-OLU TAKES FRONT LEAD IN CARE OF VULNERABLE GROUPS, LAUNCHES SWIP INITIATIVE
…As First Lady Urges Corporate Bodies, Multilateral Agencies To Support Cause

Lagos State Governor, Mr. Babajide Sanwo-Olu on Thursday vowed to take the lead in the care of orphans, children with special needs, the elders, the mentally challenged, and other vulnerable groups in the state to give hope and make life meaningful to them.

The Governor, who spoke at the launch of a Social Welfare Integrated Program Initiative (SWIPI) aimed at supporting orphanages, elderly care homes, and others in the areas of addressing their infrastructure, medical, education, nutrition, and training needs, said there is a lot to be done to care for the less privileged in the society and that his government would not give excuses.

He said he was particularly thrilled with the objectives of the SWIPI team in reaching out to the care homes in the state, adding that it was a clarion call on all to join hands with the government to make a positive difference.

“I am actually very thrilled listening to all of the very modest interventions and initiatives that SWIPI stands for and I must thank the initiator and the Grand Patron. There is a lot we can do for the children and vulnerable people out there; there is a lot that is expected of us.

“As a government, we are not going to give excuses and I will personally take the lead and see that we double up our interventions through Ministries of Youth and Social Development, Women Affairs and Poverty Alleviation, and other MDAs,” the Governor assured.

Narrating the experience on his way to the venue of the SWIPI launch where he stopped the convoy upon noticing two young girls roaming the street during school hours, the Governor gave the names of the girls as Chindinma Amarachi and Suwebat, 9 and 12 years respectively, vowing to take over the sponsorship of their education.

“Out there, there are several Amarachis and Suwebats who don’t have the opportunity to go to school. We all can make a difference if we choose to and this is why I am indeed happy with this SWIPI project because there is no better thing we can do to mankind than ensuring that we can make life better for our next-door neighbor,” the Governor said.

Speaking earlier after her investiture as the Grand Patron of SWIPI, the First Lady of Lagos State, Dr. Ibijoke Sanwo-Olu said she was fascinated by the objective of the organization which is principally aimed at helping to tremendously improve the quality and value of care to the less privileged in society.

According to her, “It is commendable that SWIPI is already intervening in delivering a training curriculum for registered caregivers, using world-class facilitators and the feedback has been improved knowledge and delivery of care by the caregivers in all the registered homes and orphanages in the state.

“The organization has also been strong in improving the quality of social welfare administration through the donation of critical equipment and facilities including digital tablets, computers, boreholes, water treatment plants, and toilet facilities, among others to ramp up the care of the vulnerable in the homes.”

She said it was with a deep sense of responsibility and call to service that she accepted the investiture in order to consolidate on the amazing objective to embed best practices in social welfare administration in the overall interest of the vulnerable, especially children, the elderly, and mentally challenged individuals.

The First Lady also called on others to support SWIPI by donating generously; just as she said that addressing the plight of the most vulnerable in society is a collective responsibility that falls on every global citizen.

“I believe that the social welfare system is one of the single most important sectors of society that can deliver a marked improvement in the standard of living of the most vulnerable in our society,” she said.

Besides, she called for deliberate policies and laws to ensure that registered orphanages and elderly care homes adhere to best practices, while efforts are put in place to address the issue of unregistered homes, with the view to ensuring that they are properly regulated.

In his opening remarks, Chairman of SWIPI, Dr. Kolawole Ajayi said the organization consists of 11 professionals from different walks of life who have an incredible love for children and are concerned about the social, economic, health, and welfare of vulnerable children, particularly those in orphanages.

He said SWIPI was concerned about children with some learning disorders abandoned in the orphanages and the less privileged adults in the elderly homes in the state, saying the focus of the project was to address the identified gaps in social welfare practice and administration.

At the event, digital tablets were presented to 14 registered elderly care homes to enhance their operations toward e-learning. They are Rock Garden Home for the Elderly, Jozel Care, Chrisgloria Nursing, Precious Jewels, Winiseph Care Home, Blue Gate Home Care-Healthcare, Centre for Happy Elderly People, Mariam Akintola Senior Citizens Care Home, Old People’s Rehabilitation Centre, The Cathedral Circle Initiative, Primecare Rehabilitation Resources Limited, Old People’s Home, Multibeniose Elderly and Motherly Care, and The Shepherd’s Heaven.

SIGNED
OLUBUKONLA NWONAH
ASSISTANT DIRECTOR, PUBLIC AFFAIRS
OFFICE OF LAGOS STATE FIRST LADY
FEBRUARY 3, 2022

PRESS RELEASE

SANWO-OLU GIVES HOPE, OFFERS LIFELINE FOR TWO OUT-OF-SCHOOL GIRLS

…Gov: “These two girls will be under my care and that of the First Lady.”

On his way to an official function on Thursday, Lagos State Governor Babajide Sanwo-Olu momentarily halted his convoy to attend to a disturbing situation. It was a sight of two underage girls on an errand for a bean cake vendor during school hours.

Time was 11am; the girls were expected to be in school. But, both Amarachi Chinedu, 9, and Suwebat Husseini, 12, were forced to skip school by their parents in order to serve some domestic assistance.

The girls were going to deliver buckets of peeled beans and pepper to a grinder when the Governor sighted them at Anthony Village area. It was a glance that presented a discomforting image for Sanwo-Olu, who revved his convoy to a stop to find out the reason the girls were not in school.

Amarachi’s story left the Governor to shudder throughout the encounter. Her mother is a teacher, but the nine-year-old was not allowed to go to school because her parents could not afford the current session’s tuition fees. Amarachi would have to miss a school year because of this reason.

Suwebat’s mother is the bean cake seller for whom the girls were running an errand. Her parents, who are Jigawa State indigenes, relocated to Lagos months back. Suwebat’s four male siblings were all in school at the time she was stopped on the road by the Governor. But her parents preferred she stayed back home to help with some domestic chores.

The decisions taken by girls’ parents, Sanwo-Olu said, could rob the little ones of their innocence, their future and put them at a disadvantage among their peers. The Governor stressed that his encounter with the girls left his heart bleeding.

Coincidentally, the Governor was on his way to formally launch Social Welfare Integrated Programme (SWIP) Initiative – a partnership between Government agencies and the private sector to standardise welfare administration for the vulnerable children, elders and those suffering mental disorder – when he saw the two girls roaming the street at school hours.

Salvaging the situation, Sanwo-Olu, at the scene, told the girls he would personally take up the responsibility for their education and upbringing, promising to enrol them in school to continue with their education. The Governor’s decision had been communicated to the girls’ parents.

He said: “This morning, I had a first-hand experience of what many vulnerable children might be going through in our society. I saw something that made my heart bleed on my way to this function. I saw two little girls – ages 9 and 12 – carrying buckets on their heads to grind pepper at 11am when they were supposed to be in school. I stopped immediately, having seen how vulnerable they are and the risk we are putting them through.

“My encounter with them gave me the opportunity to hear their stories and I have taken it upon myself to ensure that these girls never suffer such fate again. I am not going to leave them alone. Amarachi and Suwebat will go back to school. This is a classic example of what we need to do differently as a society. It is needless to ask what brought their parents to Lagos. We must ensure they are not robbed of their future.

“These two girls will be under my care and that of the First Lady. There are several Amarachi and several Suwebat out there, who will not have this kind of opportunity. Everyone of us can take the same decision and listen to stories of kids who may be vulnerable. If we choose to take up this responsibility as a people and give a voice to the vulnerable, we all can make a difference. There is no better kindness to be done to mankind than giving them a lifetime opportunity.”

Sanwo-Olu advised parents not to break their backs in order to send their wards to expensive schools, noting that there are many Government-run basic and secondary schools in Lagos doing better in imparting quality education than many private schools.

The Governor said his encounter with the girls brought the need to bolster Government’s support to public schools and raise the standards.

He said: “If as a parent you cannot afford to put your children in private school, know that there are public schools that are doing great things. Why would a parent deny a nine-year-old girl an access to education? Yes, we are doing so much in education, but the story of these two little girls shows that there are more to be done.

“Amarachi and Suwebat didn’t ask to be in the circumstance they found themselves in, but it is our responsibility to be able to give them the future they deserve; the opportunity that will make them better children to their family and better citizens of this country.”

Sanwo-Olu called for partnership with development agencies, urging intervention bodies, such as SWIP Initiative, to join hands with the Government to ensure all vulnerable persons in Lagos, including children of school age, get adequate attention needed for their care.

SIGNED
GBOYEGA AKOSILE
CHIEF PRESS SECRETARY
03 FEBRUARY 2022

PRESS RELEASE

SANWO-OLU, AMBASSADOR INAUGURATE SWEDISH HONORARY CONSULATE IN LAGOS

Lagos State Governor, Mr. Babajide Sanwo-Olu on Thursday joined the Swedish Ambassador to Nigeria, Ghana and ECOWAS region, Ambassador Carl-Michael Grans and Honorary Consul of Swedish Government, Philip Akesson, to inaugurate the New Swedish Honorary Consulate in Lagos.

Speaking at the inauguration ceremony of the new Swedish Honorary Consulate in Lagos at Landmark Towers, Victoria Island, Governor Sanwo-Olu said Lagos is open to more businesses,

The Governor said the new Swedish Honorary Consulate in Lagos will further strengthen Swedish and Nigerian businesses, and more importantly, signpost Lagos as a commercial and economic nerve center of the country.

He said: “Lagos is part of our Nigeria but a lot of businesses and sovereign nations in our country realise and appreciate that while we have a thriving capital in Abuja, for them to be close to their citizens, activate businesses and exchange cultural activities, there is always a sense that they must have a presence in Lagos.

“It is really more about what Lagos stands for and the benefits that we all can see when you have a consulate that is just being handed over to Swedish citizens, businesses and the Nigerian community. You will begin to see further mutually beneficial cultural, economic and political benefits that both countries will enjoy.

“We are very happy that you can see that Lagos deserves it and I want to thank the Swedish government for putting this together for us. I want to assure you that the Lagos community and business community will use this place very well.”

Governor Sanwo-Olu, who reiterated Lagos State Government’s determination to partner with the private sector to turn the State’s Ocean lines to tourist destination in the country, commended the Swedish Embassy for taking the lead in ensuring that they have a waterfront view.

Speaking earlier, the Swedish Ambassador to Nigeria, Ghana and ECOWAS region, Ambassador Carl Michael Grans, said Lagos is the incontestable business hub of Nigeria and West Africa.

Also speaking, the Honorary Consul of the Swedish Government, Philip Akesson, stressed the importance of the new Swedish Honorary Consulate in Lagos, saying it would strengthen the bilateral relationship between Sweden and Nigeria.

SIGNED
GBOYEGA AKOSILE
CHIEF PRESS SECRETARY
03 FEBRUARY 2022