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NIN-SIM Linkage: SERAP Writes Buhari over ‘Unlawful Access To Subscribers Details’

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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 the reported approval for security agencies to access people’s personal details via NIN-SIM linkage without due process of law.

NIN-SIM Linkage: SERAP Writes Buhari over ‘Unlawful Access To Subscribers’ Details’

The appeal was contained in a letter dated February 5, 2022, and signed by Kolawole Oluwadare, deputy director, SERAP.

The organisation urged 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.”

The development 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.

SERAP believes that 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.

It also believes that a failure to rescinded the reported approval may cause millions of law-abiding Nigerians to feel that their private lives are the subject of constant surveillance.

“The interference entailed by unlawfully or arbitrarily accessing people’s personal details is far-reaching and must be considered to be particularly serious,” the statement read in part, adding: “Interference with an individual’s right to privacy is not permissible if it is unlawful or arbitrary”.

“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.

 

 

 

d Digital Economy.


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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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Court Dismisses N1Bn Suit against MTN, Awards N3m Costs

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A Federal High Court in Lagos has dismissed a N1 billion lawsuit filed against MTN Nigeria Communications Plc by Walls and Gates Ltd and Okechukwu Udeichi, its managing director, over alleged copyright infringement, breach of confidentiality, and trademark violations arising from MTN’s 20th anniversary promotional campaign.

Court Dismisses N1Bn Suit against MTN, Awards N3m Costs

Delivering judgement on Tuesday, Justice Ayokunle Faji held that the plaintiffs failed to establish any legally protectable right in their proposal titled “20 for 20”, describing the action as frivolous, speculative, and vexatious.

The court dismissed the suit in its entirety and awarded N3m in costs against the plaintiffs.

The plaintiffs instituted the action under Suit No. FHC/L/CS/1935/2021, alleging that MTN unlawfully used their “20 for 20” proposal, which they claimed to have submitted to the telecoms company on 17 September 2019, ahead of MTN’s 20th anniversary celebration in 2021.

They argued that MTN’s anniversary promotion, in which 20 sport utility vehicles were given out to subscribers, emanated from their proposal and amounted to infringement of their copyright, confidential information, and trademark.

Based on those claims, the plaintiffs sought N1bn in damages or, alternatively, an order directing MTN to render an account of revenue generated from the promotion and remit 50 per cent of it to them.

MTN denied the allegations, contending that the proposal was an unsolicited business idea that imposed no contractual or confidential obligation on the company.

The telecoms firm maintained that its 20th anniversary programme was independently developed and that the plaintiffs’ document was merely a general business concept not protected under Nigerian copyright law.

MTN further argued that the plaintiffs lacked a valid registered trademark and failed to demonstrate access to or copying of any protected expression.

In resolving the dispute, Justice Faji noted that the plaintiffs conceded during oral submissions that they failed to prove their claim of trademark infringement, leaving only the issues of alleged breach of confidentiality and copyright infringement for determination.

On confidentiality, the court held that no confidential relationship existed between the parties.

Justice Faji observed that before sending the proposal to MTN, the plaintiffs had already submitted it to the Nigerian Copyright Commission and relied on it for a trademark application, thereby placing the document in the public domain.

The judge further noted that after transmitting the proposal to MTN, the plaintiffs admitted circulating it to other organisations, which extinguished any claim to confidentiality.

According to the court, MTN had no obligation to respond to an unsolicited proposal in the absence of a contractual, fiduciary, or business relationship, or a non-disclosure agreement.

On the allegation of copyright infringement, the court held that registration with the Nigerian Copyright Commission does not confer copyright, stressing that Nigerian law protects expressions, not ideas or business concepts.

Justice Faji ruled that the plaintiffs’ “20 for 20 Millennium Promotion” amounted to no more than an idea of rewarding customers during an anniversary celebration and lacked the originality and intellectual effort required for copyright protection.

He described the proposal as a bare business concept devoid of original qualities capable of attracting copyright. The judge also held that MTN’s use of the phrase “MTN 20th Anniversary” was a natural description of an anniversary event and did not originate from any protectable work of the plaintiffs.

He further relied on evidence showing that MTN affiliates in other jurisdictions had implemented similar anniversary reward ideas before the plaintiffs’ proposal.

Justice Faji characterised the suit as a “gold-digging exercise” aimed at forcing a commercial relationship on MTN. He criticised the plaintiffs for using MTN’s trademark in their proposal without authorisation and then seeking to ground a billion-naira claim on the same document, adding that the case wasted valuable judicial time.

While affirming that citizens should have access to the courts, the judge stressed that such access must be limited to suits with prima facie merit.

He therefore awarded N3m in costs in favour of MTN, holding that costs must follow the event.

The court accordingly dismissed the suit in its entirety and ordered the plaintiffs to pay the awarded costs to the defendant.

Credit: Punch


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Nigeria, Egypt to Lead Africa’s Data Center Boom

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Africa’s data center landscape is rapidly evolving from small, isolated initiatives into a large-scale, fast-paced expansion.

Nigeria, Egypt to Lead Africa’s Data Center Boom

According to Africa Telecom Review, between 2025 and 2030, capacity demand is expected to soar, driven by rising cloud adoption, generative AI workloads, and the growth of digital services.

Leading this momentum are Nigeria in West Africa and Egypt in North Africa, which are drawing significant investment, carrier-neutral facilities, and increased interest from hyperscalers, even as developers and governments work to overcome challenges in power, connectivity, and talent.

Nigeria: West Africa’s Gateway to Scalability

Nigeria’s data center market has rapidly shifted from discussions to active development. Driven by a vibrant digital economy, a large mobile-first population, and a dynamic startup ecosystem, Lagos has emerged as the prime location for both colocation facilities and hyperscale projects.

Nigeria’s data center market is expanding rapidly, with an estimated 136.7 MW capacity in 2025 and projections to reach 279.4 MW by 2030 at a 15% CAGR, driven by recent facilities such as Equinix’s LG2.3 expansion in Lagos, and upcoming projects including MTN Nigeria’s 1,500-rack center and new 38-MW and 24-MW facilities under construction.

However, growth is challenged by severe power constraints, as Nigeria’s grid, capable of about 6,000 MW, fails to meet the nation’s total demand (100,000 MW), forcing data centers to rely on costly backup generation like diesel and gas, with limited current adoption of renewables despite some efficiency gains.

Growing demand from enterprises, banks, telcos, and government platforms for low-latency, sovereign hosting is driving a fundamental shift away from dependence on foreign landing points and offshore cloud regions. Developers are answering this need with multi-purpose campuses that offer carrier neutrality, cloud on-ramps, and edge infrastructure tailored for content delivery, fintech, and e-commerce surges.

The business case is strong and industry studies consistently rank Nigeria’s market growth and capacity outlook among the fastest-rising on the continent through 2030.

Egypt: The North African anchor

Egypt’s strategic geography, sizeable domestic market, improving policy environment, and Digital Egypt initiative have made it a prime destination for large-scale data hub projects. Cairo and the Nile Delta corridor offer fiber connectivity routes to Europe and the Middle East, and recent corporate deals and project pipelines point to a race to build hyperscale-ready campuses.

As of mid-2025, Egypt has 15 operational submarine cables with three more under construction. The country is targeting 18 by year-end to enhance low-latency access to Europe and Asia and the data center market is projected to grow from USD 278 million in 2024 to USD 694 million by 2030 at a robust pace.

These Egyptian developments matter beyond national borders as a consolidated Cairo hub creates new routing options and resiliency for MENA traffic and provides another competitive alternative to Western European clouds and submarine routes. For pan-African architects, Egypt represents both a distribution point and a home market for AI-scale infrastructure.

Demand Drivers and the AI Inflection Point

Two intertwined forces are powering the boom. First, enterprise cloud migration, digital payments, and streaming service growth require regional capacity to meet latency and sovereignty demands. Second, the rise of AI, from localized language models to enterprise inference farms, is intensifying the need for dense compute that is both scalable and economical.

According to McKinsey, the expansion of data centers is crucial for Africa’s businesses and consumers to achieve global competitiveness. Its latest report estimates that an investment of USD 10 billion to USD 20 billion in new capital is required to achieve this. As a result, this investment could unlock an estimated revenue pool of USD 20 billion to USD 30 billion across the data center value chain by 2030.

Furthermore, the firm projects that AI-driven demand for data center capacity could grow significantly, increasing by 3.5 to 5.5 times its current base within the same timeframe, translating to a total installed capacity of 1.5 to 2.2 GW by 2030.

The Infrastructure and Policy Hurdles

Despite the strong growth outlook, developers are contending with significant challenges. Power availability and grid stability remain the biggest obstacles to scaling quickly, often forcing projects to rely on costly hybrid energy setups that blend grid supply, on-site generation, and renewable sources.

By 2025, industry analysts had already identified power constraints as a major factor slowing data center rollouts across EMEA, highlighting why energy planning has become the decisive factor for African deployments.

Additional barriers include slow permitting processes, land acquisition difficulties, high import costs for specialized equipment, and a shortage of skilled technicians trained in modern data center operations.

For investors, managing these operational risks alongside rising demand will require stronger public–private collaboration and more innovative financing models.

Local Partnerships and the Path Forward

The coming five years will be critical for Nigeria and Egypt. By simplifying regulatory processes, strengthening grid infrastructure, and promoting green energy, both countries can establish themselves as leading data center hubs in Africa. For operators and cloud providers, achieving success will rely on providing reliable, sovereign, and energy-conscious capacity that supports both enterprise needs and AI-driven workloads.

Nigeria and Egypt are leading the charge, each offering distinct advantages that, together, are reshaping the continent’s digital backbone. The potential rewards are substantial: improved latency, local cloud sovereignty, and a strong foundation for AI-powered economies.


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xAI Faces Backlash Over Grok’s ‘Digital Undressing’ Images

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Elon Musk’s xAI is under intense scrutiny after its AI chatbot, Grok, generated a flood of sexually explicit images through user prompts known as “digital undressing,” including some appearing to depict minors.

xAI Faces Backlash Over Grok's 'Digital Undressing' Images

Grok

Users have exploited Grok to strip clothing from images—primarily of women, often real individuals—and pose them suggestively. Reports from last week highlighted cases involving apparent underage subjects, sparking alarms over child sexual abuse material.

This incident amplifies risks of unregulated AI on social platforms. Critics argue it breaches local and global laws, endangering vulnerable people, especially children.

xAI and Musk claim swift measures on X, such as content removal, account bans, and law enforcement collaboration. Yet, Grok persists in producing sexualised women’s images despite these pledges.

Musk’s public disdain for “woke” AI and censorship, coupled with reported internal resistance to Grok safeguards, fuels the fire. xAI’s diminished safety team reportedly shrank just before the surge.

Unique Integration Sparks Spread

Unlike Google’s Gemini or OpenAI’s ChatGPT, Grok embeds directly into X, enabling public tagging and instant, visible replies. This accelerated non-consensual image sharing.

The trend ignited in late December with bikini requests, escalating to explicit manipulations without consent. Research reveals over half of Grok’s people images show minimal clothing—mostly women—with a disturbing fraction featuring apparent minors.

Grok has honoured some underage explicit prompts, clashing with xAI’s policy against sexualisation or child exploitation. Enforcement remains spotty.

Grok later admitted safeguard failures, deeming such content illegal and banned, while urging reports to authorities. Musk vowed repercussions for violators.

Regulatory Scrutiny Mounts

Detractors link Musk’s anti-moderation views to lax controls, noting his resistance to image-tool limits amid rising internal red flags.

Global regulators respond: Europe, India, and Malaysia probe; Britain’s media watchdog urgently engages Musk’s firms over explicit and child content.

Experts note existing tech can curb misuse but demands compromises like delayed replies and rigid filters. Absent these, platforms invite grave harm.


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