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Court Affirms NDPC’s Powers to Register Major Data Controllers, Processors

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A Federal High Court has affirmed the statutory powers of the Nigeria Data Protection Commission (NDPC) to register Data Controllers and Data Processors of Major Importance (DCPMIs), in a judgment described as a major milestone for data accountability and regulatory oversight in Nigeria.

Court Affirms NDPC’s Powers to Register Major Data Controllers, Processors

The commission disclosed this in a statement issued by its Head of Legal, Enforcement and Regulations, Mr Babatunde Bamigboye.

According to the statement, the judgment was delivered in the case of Emmanuel Harunna v. Nigeria Data Protection Commission (Suit No. FHC/L/CS/1116/2024).

The applicant had sought, among other reliefs, a declaration that Point of Sale (POS) agents were not Data Controllers or Data Processors of Major Importance under the Nigeria Data Protection Act (NDPA), 2023, and an order restraining the commission from registering them.

However, Justice F.N. Ogazi, after examining the provisions of the Nigeria Data Protection Act, 2023, and the commission’s Guidance Notice on Registration, ruled that the NDPC acted within its statutory mandate in designating entities classified under the Major Data Processing – Ordinary High Level (OHL) category as Data Controllers and Processors of Major Importance.

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The court held that the Nigeria Data Protection Act was enacted to promote accountability, transparency and responsible data governance across the country.

According to the judgment, the registration framework enables the commission to identify organisations engaged in significant data processing activities and effectively monitor compliance with the law.

The court further ruled that the registration requirement does not violate the constitutional right to privacy but rather serves as a statutory mechanism for protecting that right by subjecting data controllers and processors to regulatory oversight.

It also held that the commission’s Guidance Notice on Registration was aimed at protecting the privacy and security of data subjects and therefore falls within the constitutional safeguards provided under Section 45 of the 1999 Constitution.

Justice Ogazi further observed that Section 65 of the Nigeria Data Protection Act provides that the provisions of the Act shall prevail over any other law that is inconsistent with its provisions on matters relating to the processing of personal data.

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Reacting to the judgment, the commission described the decision as a significant advancement in Nigeria’s data protection jurisprudence and a reaffirmation of its regulatory authority.

The National Commissioner and Chief Executive Officer of the NDPC, Dr Vincent Olatunji, subsequently directed all Data Controllers and Data Processors of Major Importance that are yet to register with the commission to do so without delay.

Olatunji warned that failure to comply with the registration requirement could expose affected organisations to legal liabilities under the Nigeria Data Protection Act.

He added that compliance with the registration framework would strengthen public trust while protecting the fundamental rights and freedoms of data subjects in Nigeria.

The NDPC reiterated its commitment to promoting accountability, transparency and responsible personal data governance in line with the provisions of the Nigeria Data Protection Act, 2023. (NAN)

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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

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NCC, Enugu Sign Deal to Operate Digital Industrial Park, Learning Centre

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Nigerian Communications Commission (NCC) and the Enugu State Government have signed an agreement for the operational lease of the NCC Digital Industrial Park and NCC Learning Centre in Enugu.

NCC, Enugu Sign Deal to Operate Digital Industrial Park, Learning Centre

The agreement was witnessed by Dr Aminu Maida, Executive Vice Chairman and Chief Executive Officer of the NCC, alongside members of the Commission’s Board and Management.

The development is expected to strengthen digital innovation, skills development and technology-driven opportunities in the state.

As part of the engagement, the NCC delegation also visited the Enugu Smart School Initiative, where technology is being integrated into teaching and learning.

The initiative is aimed at equipping young Nigerians with relevant digital skills and preparing them for future opportunities in an increasingly technology-driven economy.

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The NCC said it remained committed to supporting initiatives that expand digital inclusion, strengthen innovation and develop the talent required to drive Nigeria’s digital transformation.

The Commission said partnerships with state governments and other stakeholders were critical to creating an enabling environment for digital skills development and technology adoption across the country.

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NCC Asks Telcos to Make Budgetary Provisions for Cybersecurity

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Nigerian Communications Commission (NCC) has directed telecommunications operators to make dedicated budgetary provisions for cybersecurity as part of efforts to strengthen the resilience of Nigeria’s communications infrastructure against the growing wave of cyber threats.

NCC Asks Telcos to Make Budgetary Provisions for Cybersecurity

 

The directive forms part of the Commission’s Cyber Resilience Framework for the Nigerian Communications Sector (CRF-NCS), which introduces new governance, risk management and operational requirements aimed at safeguarding the country’s critical telecommunications infrastructure from increasingly sophisticated cyberattacks.

Under the framework, all licensed telecom operators are expected to establish formal cybersecurity governance structures, dedicate adequate financial resources to cyber resilience programmes, and integrate cybersecurity into their enterprise-wide risk management processes.

The Commission said operators must ensure cybersecurity investments are no longer treated as optional operational expenses but as strategic business priorities necessary to protect network infrastructure, customer information and the country’s digital economy.

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According to the NCC, licensees are expected to allocate sufficient budgets to support cyber risk assessments, security technologies, staff training, incident response capabilities, continuous monitoring and compliance with regulatory requirements.

The framework also requires operators to designate senior executives responsible for cybersecurity oversight.

At the same time, boards of directors are expected to provide strategic direction and ensure adequate funding for cyber resilience initiatives.

Speaking on the need for a stronger cybersecurity regime during the unveiling of the framework, Abraham Oshadami, executive commissioner, Technical Services, NCC,  said, “Given the increasing digitalisation of services, the rapid growth of data exchange, and the sophisticated nature of modern cyber threats, the need for a robust, adaptive and inclusive cybersecurity framework has become more urgent.”

He added, “Both state and non-state actors are targeting essential sectors—including ours—through coordinated cyber and physical attacks. These attacks frequently target control systems and data integrity, underscoring the critical risks posed to operational technology (OT), especially in our sector.”

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“As cyber threats evolve, they endanger not only system performance but also human safety, amplifying the severity and consequences of disruptions to vital communications infrastructure. Cybersecurity now encompasses human safety and must address the real risk to people’s lives when a system is attacked or compromised.”

The Commission further stated that operators are required to develop comprehensive cybersecurity implementation plans, conduct periodic risk assessments, establish business continuity and disaster recovery procedures, and regularly test their cyber defence capabilities.

In addition, the framework makes cyber incident reporting compulsory. Licensees must inform the NCC’s CSIRT of any major cybersecurity breach within four hours of discovery, and provide a thorough post-incident analysis after mitigation is complete.

 

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Glo Leads Internet Growth Figures in Nigeria for May

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Digital solution provider, Globacom has recorded the highest Internet subscriber growth among Nigeria’s major telecom companies for the month of May.

Data from the Nigerian Communications Commission, NCC, Nigeria’s total Internet users increased to 157 million in May, up from 154.3 million in April. That is a growth of 2.67 million users in one month.

Globacom led the market by adding about 1.2 million new Internet subscribers. This means Glo was responsible for almost half of all new Internet users in May.

The company’s subscriber base grew from 15.5 million in April to 16.8 million in May. Airtel came second with 1.07 million new users, moving from 54.8 million to 55.8 million. MTN added 382,894 users to reach 83.5 million.

T2 Mobile, formerly 9mobile, recorded no growth for the second month in a row. Its subscriber base remained at 802,534. This is despite its roaming agreement with MTN, which was approved almost a year ago to help T2 customers use MTN’s network in areas with poor coverage.

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Industry experts say Glo’s strong growth is due to its ongoing network upgrade. Since last year, the company has been building new base stations, expanding its fibre network, and adding thousands of new 4G sites across cities and rural areas.

The upgrades have improved voice and data quality for customers, while Globacom remain committed to providing better network experience and affordable Internet services to more Nigerians.

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