E-Business
NITDA Clarifies Regulatory Infractions Allegation By ALTON
The National Information Technology Development Agency (NITDA) has cleared the air on the allegations made by Association of Licensed Telecommunication Operators of Nigeria (ALTON) that it engages on regulatory infractions.
Emmanuel Edet Esq, head, Legal Services & Board Matters, National Information Technology Development Agency, made the clarifications in a statement released on Wednesday in Abuja.
According to the statement, “The attention of the National Information Technology Development Agency (NITDA) has been drawn to a publication ascribed to the President of the Association of Licensed Telecommunication Operators of Nigeria (ALTON) published in the media regarding certain regulations and guidelines issued by the Agency.
For avoidance of doubt, NITDA has enjoyed a cordial and cooperative relationship with all sector regulators and we have consistently engaged them on all regulations and guidelines issued by the Agency. In this vein, NITDA has significantly socialized the Nigeria Data Protection Regulation (NDPR) 2019 and the Public Internet Access Regulation 2019 as referenced in the publication. The Agency is delighted with the support of several institutions in complying and promoting these regulations.
For clarity, no single regulator in Nigeria has a converged mandate on ICT in the country. Various Agencies have different roles to play in developing and regulating ICT in Nigeria as dictated by their mandates and enabling laws. Furthermore, no single entity is regulated by only one regulator in Nigeria, regulators in the country work in a cooperative and complementary capacity, resolving mandate overlaps in a cooperative manner. ALTON, as with various industry groups, are expected to comply with various professional, sector, geographical and international regulators when their operations so demand. This understanding has been shared between NITDA and other regulators in Nigeria.
It may be recalled that NITDA issued five regulatory instruments on the 25th January, 2019, two of which were referenced in the publication. We wish to draw the attention of the public to the following:
- The Framework and Guidelines for Public Internet Access(PIA) 2019 was issued to ensure the safe use of free or subsidized publicly accessible internet service in Nigeria. NITDA has been inundated by concerned stakeholders to check the regime of publicly accessible internet service considering its national security dimensions.
The Framework and Guidelines aims to create and promote a mutually beneficial and friendly environment for both public internet access providers and users in Nigeria. The Regulation is directed at Public Internet Access Providers (PIAPs). PIAPs include any business or other entity that provide internet access without charge or offers a partially subsidized internet access to members of the public. The concerns which NITDA aims to address through this regulatory instrument are:
- Cyber security and cyber crime;
- Personal data breaches; and
- Crime detection, prevention and investigation.
NITDA is enabled to address these concerns by virtue of Section 6(c) and (m) of the NITDA Act which mandates the Agency to provide Guidelines for electronic data interchange in Nigeria and to accelerate internet and intranet penetration in Nigeria and promote sound internet Governance.
- The Directives for Registration of Data Centre Facilities in Nigeria was issued pursuant to Section 6 of the NITDA Act 2007 which empowers the Agency to:
- Create a framework for the planning, research, development, standardization, application, coordination, monitoring, evaluation and regulation of Information Technology practices, activities and systems in Nigeria and all matters related thereto…;and
- Create incentives to promote the use of information technology in all spheres of life in Nigeria including the development of guidelines for setting up of information technology systems and knowledge parks.
Data Centre operations are principally information technology systems which support the entire IT value-chain. Reference to Executive Orders 003(2017) and 005(2018) mainly cites the added Presidential Directives on local content promotion. The fundamental mandate arises from the NITDA Act which has been cited above. Furthermore, the Guidelines for Nigerian Content Development in ICT (2019)explicitly provides:
Data and Information Management Companies shall:
- Register their products, capabilities and organization on the NITDA portal. The service will be provided free of charge and devoid of bureaucracy and will ensure NITDA awareness of available resources.
- Host government data locally within the country and shall not for any reason host any government data outside the country without an express approval from NITDA and the SGF.
The Nigerian Content Guidelines is a salutary example of regulatory cooperation between NITDA and ICT stakeholders to promote Local Content in Nigeria. The above provisionsanticipate the role of NITDA in the regulation and promotion of Data Centers in Nigeria. The Agency is not averse to any Regulator demanding compliance as it relates to the operation of Data Centers that touches on the Regulator’s mandate. Interestingly, Data Center operators have openly commended NITDAfor the improved enforcement of regulations and policies which has led to significant increase in Data Centre patronage in the last three years.
- The report further purports to take issues with the classification of Internet Protocol address, IMEI number, IMSI number etc. as personal data under the Regulation. The report assumes this amounted to usurpation of the NCC’s regulatory mandate. This is a patent misreading of regulatory frameworks. In the absence of a National Assembly-enacted legislation on Data Protection, Section 6 (c) of the NITDA Act 2007 specifically empowers the Agencyto:
“Develop guidelines for electronic governance and monitor the use of electronic data interchange and other forms of electronic communication transactions as an alternative to paper-based methods in government, commerce, education, the private and public sectors, labour, and other fields, where the use of electronic communication may improve the exchange of data and information.”
Furthermore, NITDA was established to implement the National IT Policy of 2000. Article 5(xix) of the Policy provides…Government will establish a National Information Technology Development Agency to implement the IT Policy, regulate, monitor, evaluate and verify progress on an ongoing basis…
Also, Strategy 13.3(iii) of the Policy further provides …Ensure the protection of individual and collective privacy, security, and confidentiality of information…
While it is global practice for sector regulators to give sector specific directives and regulations on how certain issues are to be addressed, this does not restrict the right of Government Agencies to issue regulations which cover the field as is the case in this matter. NITDA is in active collaboration with all sector regulators to ensure full compliance with the NDPR. The aggregate consensus of most stakeholders is that the NDPR is a laudable regulation which would further improve the Nigerian business environment and help attract foreign direct investment.
Finally, we advise that it is not in the strategic interest of interest groups to attempt to set Government Agencies against each other just because of its short-term benefits. NITDA is clear about its mandate as provided bythe enabling law and will not be overawed by powerful interest groups to implement its mandate which is to the overall benefit of all Nigerians.It should also be noted that violation of the Regulatory Instruments of NITDA is a criminal offence and punishable with fine, imprisonment or both.”
Dr Adebowale Adedokun, director-general, Bureau of Public Procurement (BPP), has reaffirmed the bureau’s commitment to data protection in Nigeria.
He disclosed this in a statement at the weekend by Zira Nagga, head of Public Relations, BPP, following a courtesy visit by a delegation from the National Data Protection Commission (NDPC).
Adedokun stressed that data protection is vital to Nigeria’s economy and development, particularly in areas such as demography, health, education, and other key sectors.
He emphasised that no country should leave its data unprotected, as it plays a crucial role in future planning and national development.
“Data governs the world. It is essential to technological progress and must be protected for a country or business to be taken seriously,” he said.
Adedokun described the visit, aimed at fostering partnership on data policy implementation and protection, as timely and aligned with national goals.
He said the BPP would collaborate closely with the NDPC to boost data development, capacity building, and enhance the procurement system.
“The BPP will support compliance as part of the ‘Nigeria First’ Policy, although it is not a core procurement eligibility requirement,” he explained.
He suggested a hybrid training model to help build strong capacity in data protection, privacy awareness, and policy understanding.
According to him, a dynamic training approach will reduce logistics costs and improve public confidence in data safety and privacy.
Dr Vincent Olatunji, CEO, and national commissioner, NDPC, praised Adedokun and the BPP for supporting data protection initiatives.
He said the partnership supports President Bola Tinubu’s vision and will strengthen data privacy across Ministries, Departments, and Agencies (MDAs).
“The collaboration will create awareness and train BPP staff to ensure a firm grasp of data protection principles and policies,” he stated.
Olatunji said the NDPC would establish a working group to finalise a Memorandum of Understanding beneficial to both institutions.
He added that President Tinubu signed the NDPC into law on 12 June 2023 to uphold citizens’ rights and protect national and business data.
Olatunji also noted that strict legal measures were in place to enforce data protection and ensure full compliance nationwide.
Both agencies agreed to form a team to sign the MoU and focus on capacity building and data management in procurement and beyond.
President Bola Tinubu said that his administration has initiated a project to install fibre optic cables across the country, aimed at enhancing the socio-economic development of Nigeria.
His plans were contained in a speech he delivered at a joint session of the National Assembly in commemoration of Democracy Day on Thursday, June 12.
He said the fibre optic layout is part of other projects being embarked on.
“In addition, we have embarked on an ambitious project to lay fibre optic cables across the nation, a transformative step toward bridging the digital divide and fostering greater connectivity.
“This initiative promises not only to enhance the speed and reliability of internet access but also to revolutionise how businesses operate, how students learn, and how communities stay connected,” Tinubu stated.
He maintained that by extending this critical infrastructure, his government is empowering entrepreneurs, enabling digital education, and providing the tools for our youth to compete in a globalised world.
In a most recent report on Internet connectivity, The ICIR pointed out how Nigeria has faced setbacks in its deployment of fibre optic cables and needs a transformation.
The challenges revolve around vandalism, inadequate coordination between road construction and telecom infrastructure, and varying right-of-way (RoW) charges across states.
Among industry experts, these issues impact network outages, increase repair costs, and hinder broadband expansion efforts.
It has also further threatened the digital economy, leading to slower Internet speeds, dropped calls, and unreliable connectivity among others.
African startups raised more than $345 million across 65 deals in May, more than double the amount raised in the same period of last year, according to a report by Briter, a research and business intelligence firm.
The report disclosed that both the number of deals and participating companies declined, confirming a growing trend of fewer companies raising funds in larger sizes.
It said fintech attracted the highest share of funding in May, accounting for 34 percent of the total, while cleantech followed closely, driven by a debt deal from Sun King. The company raised $80 million (in local currency) to expand clean energy access in Nigeria.
“Equity remains the primary instrument in terms of total value. There’s no doubt about it; in fact, equity deals with disclosed amounts captured more than half of the total funding volume in May.
“However, debt financing is increasingly proving its weight. Although it accounted for only 8 percent of all deals, it represented 32 percent of the total funding, highlighting the typically larger size of debt transactions. With the rise of specialised vehicles targeting early-stage businesses, debt is becoming an increasingly important part of Africa’s innovation funding landscape,” it said.
Briter’s report added that grants continued to play a vital role in early-stage support, especially in the education technology (EdTech) sector. The Mastercard Foundation led the pack in grant activity, funding a new cohort of EdTech innovators in Nigeria and Kenya. Each selected startup is set to receive $100,000 in grant funding, in addition to mentorship and business development support.
Multilaterals also made a strong showing in May, it said. The Multilateral Investment Guarantee Agency (MIGA), a World Bank Group member, issued a $179.6 million guarantee to CleanTech firm KOKO Networks. The support will help scale its clean energy solutions across Kenya.
“This deal not only demonstrates growing international confidence in African climate ventures but also signals a promising pathway for other asset-intensive startups in clean cooking, agriculture, and renewable energy,” the report said.
From a geographic perspective, Egypt emerged as the continent’s fundraising powerhouse for the month, contributing 51 percent of all funding raised. The country recorded 12 deals across equity, debt, and bond instruments. Notably, FinTech platform MNT-Halan raised $50 million through a bond issuance, further illustrating the diversification of capital-raising mechanisms in the region.
Outside Egypt, funding was distributed across Africa’s three other key markets, which are Egypt, Nigeria, and Kenya, with limited activity recorded in countries such as Ghana, Tunisia, Morocco, and Uganda, each registering between one and three deals.
In terms of exits, the African tech landscape continues to mature. Three companies—Baobab+, Qardy, and Shopa—were acquired in May, bringing the total number of exits this year to 22. This already surpasses last year’s count for the same period. Qardy was acquired by Catalyst Partners Middle East (CPME) in a disclosed deal valued at $23 million, the report added.
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