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Sunday, May 9, 2021

JUDGMENT: [Mandatory Use of NIN] Court declines interim injunction to restrain NIMC

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The Vacation Judge, Abuja Judicial Division of the National Industrial Court, His Lordship, Hon. Justice Zaynab Bashir has refused the interim injunction application filed by Mr. Chibuzor Obiajunwa seeking to restrain the National Identity Management Commission from going ahead with the regulation that requires the use of the NIN to be mandatory in filing civil and criminal actions in Courts or other arbitration processes for lacking merit.

The Court held that granting the relief sought by Chibuzor via the motion ex-parte will unfairly preclude the Commission from having a fair hearing, and the applicant did not state the date the commission intends to commence enforcement of the statutory provision in question to consider the imminence of the urgency.

The Claimant- Chibuzor Obiajunwa had filed along with the said Originating summons, a Motion Ex-parte had contended that the commission regulation infringes on his right to privacy and exposes him as easy prey for criminals that if the Commission is not restrained pending the hearing of a motion on notice, it is likely to commence the enforcement of the statutory provision in question and same will frustrate the suit.

After careful evaluation of the submissions of the applicant, In his ruling, the presiding Judge, Justice Zaynab Bashir held that the Mr. Chibuzor failed to present any cogent, convincing and compelling reason why the Commission cannot be put on notice for the grant of the injunction sought to be made against it and further that careful consideration of the foregoing shows clearly that a grant of the relief sought via the motion ex-parte will unfairly preclude the Commission from having a fair hearing.

“Bearing the above authorities in mind, I have reviewed the affidavit in support of the motion Ex-parte and the affidavit of urgency and I must say that no real urgency arises as to warrant an order to be made ex-parte against the Defendant.

The Claimant- had filed along with the said Originating summons, a Motion Ex-parte had contended that the commission regulation infringes on his right to privacy and exposes him as easy prey for criminals that if the Commission is not restrained pending the hearing of a motion on notice, it is likely to commence the enforcement of the statutory provision in question and same will frustrate the suit.

After careful evaluation of the submissions of the applicant, In his ruling, the presiding Judge, Justice Zaynab Bashir held that the Mr. Chibuzor failed to present any cogent, convincing and compelling reason why the Commission cannot be put on notice for the grant of the injunction sought to be made against it and further that a careful consideration of the foregoing shows clearly that a grant of the relief sought via the motion ex-parte will unfairly preclude the Commission from having a fair hearing.

“Bearing the above authorities in mind, I have reviewed the affidavit in support of the motion Ex-parte and the affidavit of urgency and I must say that no real urgency arises as to warrant an order to be made ex-parte against the Defendant.”

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