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.”
Nigeria Data Protection Commission (NDPC) has directed all Data Controllers and Data Processors of Major Importance (DCPMIs), yet to register with the commission to do so immediately.
This followed a Federal High Court judgment affirming NDPC statutory powers to designate and register such entities.
DCPMIs are entities operating in Nigeria that handle sensitive personal data or large volumes of information, requiring mandatory registration with the NDPC under the Nigeria Data Protection Act (NDPA).
In a statement issued on Tuesday by Babatunde Bamigboye, head of Legal, Enforcement and Regulations at the NDPC, described the judgment as a major milestone for data accountability and regulatory oversight in Nigeria.
The commission said the ruling arose from a suit filed by Emmanuel Harunna against the NDPC in Emmanuel Harunna v. NDPC (FHC/L/CS/1116/2024), in which the applicant sought a declaration that Point of Sale agents were not Data Controllers or Processors of Major Importance under the Nigeria Data Protection Act and requested a perpetual injunction restraining the commission from registering them.
According to the statement, Justice F.N. Ogazi examined the commission’s Guidance Notice on Registration alongside Sections 5(d), 6(c), 44, 45 and 65 of the Nigeria Data Protection Act before concluding that the commission acted within its statutory powers in designating entities under the Major Data Processing – Ordinary High Level category as Data Controllers and Processors of Major Importance.
Quoting the judgment, the statement read, “The Nigeria Data Protection Act was enacted to promote accountability, transparency and responsible data governance. Registration enables the Respondent to identify entities engaged in significant data processing activities, monitor compliance.”
It added that the court held that, “Far from undermining the constitutional right to privacy, the registration framework is one of the statutory mechanisms designed to safeguard that very right by subjecting data controllers and data processors to effective regulatory oversight.”
The statement further quoted the court as saying, “Looking at the recitals of the Guidance Notice, there is every indication that the Guidance Notice is also aimed at protecting the privacy and security of data subjects, thus bringing the registration requirement of the Guidance Notice within the protective shield of Section 45 of the 1999 Constitution.”
According to the commission, the court also held that, “Remarkably, Section 63 of the Data Protection Act provides that the provisions of the Act shall prevail over any other law inconsistent with its provisions on matters relating to the processing of personal data.”
Reacting to the judgment, the commission described the decision as a significant boost to Nigeria’s data protection regime.
“The Commission appreciates the ground-breaking efforts of the court towards the advancement of the jurisprudence relating to data accountability in Nigeria, as eloquently demonstrated in this case,” the statement read.
Following the ruling, Vincent Olatunji, national commissioner and chief executive officer, had directed every Data Controller and Processor of Major Importance that had yet to comply with the registration requirement to register without delay.
The commission warned that entities failing to comply with the registration requirement could face legal consequences.
“Failure to register creates serious legal liabilities under the law, while compliance with registration requirements builds public trust and safeguards the fundamental rights and freedoms of data subjects in Nigeria,” the statement added.
The University of Nigeria (UNN) is set to partner with The Roxettes Group to establish a research and innovation centre focused on artificial intelligence (AI), smart and green mobility, and digital technologies, in a move aimed at strengthening research, entrepreneurship and technology-driven industrial development.
Chairman of The Roxettes Group, Arc. Dr. Kaycee Orji-Kelechi, announced the proposed partnership while delivering his acceptance speech after receiving an Honorary Doctor of Business Administration (Honoris Causa) during the university’s convocation ceremony.
The proposed facility, to be known as the Dr. Kaycee Orji Centre for Artificial Intelligence, Smart/Green Mobility and Digital Innovation, is expected to provide a platform for research, innovation and collaboration between academia and industry, with a focus on developing commercially viable solutions to local and continental challenges.
Orji-Kelechi said the initiative was conceived as a long-term investment in human capital and technological advancement rather than simply another physical infrastructure project.
He said the vision was to position the University of Nigeria among Africa’s leading institutions in artificial intelligence, smart mobility and digital innovation through research, entrepreneurship and technology development.
According to him, the centre will house five specialised laboratories covering artificial intelligence and machine learning, smart and green mobility, robotics and the Internet of Things (IoT), digital finance and financial technology, as well as cloud computing and advanced data centre technologies.
He also announced plans for the proposed Kaycee Orji Founders Innovation Challenge, an annual programme intended to identify, mentor and support innovative ideas from students, researchers and academic staff with the potential to become scalable businesses.
“Every student of this University should know that a great idea conceived in a classroom should have a pathway to becoming a patent, a startup, a global enterprise, and a solution that transforms society,” he said.
Orji-Kelechi disclosed that preliminary conceptual work on the project had commenced, with architectural and engineering designs being prepared by K.KH Contractors Ltd., a subsidiary of The Roxettes Group.
He added that discussions with the university would begin on identifying a suitable site for the project, while a comprehensive proposal containing architectural drawings, engineering designs and an implementation framework would be submitted after completion of the design phase.
Reflecting on his career, Orji-Kelechi said Africa must move beyond consuming innovation to creating it through investment in manufacturing, technology and entrepreneurship.
“We have pursued one simple vision: that Nigeria and Africa must move from consumption to production; from importing innovation to creating it; and from waiting for opportunities to building them,” he said.
He urged graduating students to see their education as a foundation for solving societal challenges through innovation, leadership and enterprise, adding that he remained committed to promoting industrial development, youth empowerment and sustainable economic growth.
The proposed collaboration forms part of broader efforts to strengthen university-industry partnerships, which are increasingly seen as critical to improving research commercialisation, innovation capacity and technology-led economic development in Nigeria.
National Population Commission (NPC) has announced commencement of full digital registration of births and deaths through the VitalReg platform, which became operational nationwide on July 1, 2026.
Chidi Ezeoke, federal commissioner representing Anambra, disclosed this in Awka during a press conference to announce commencement of full digital birth and death registration under the Electronic Civil Registration and Vital Statistics (E-CRVS) system and the marking of World Population Day commemorated every July 11.
He revealed that a total of 131 registration centres had been opened in the 21 local government headquarters and several communities in the state, adding that more centres would be opened later.
Ezeoke described the initiative as a major milestone in Nigeria’s Civil Registration and Vital Statistics (CRVS) system, to ensure every birth and death in the country was captured through a digitally enabled registration platform.
“It builds on the launch of the E-CRVS system and the inauguration of the National Coordination Committee on Civil Registration and Vital Statistics by President Bola Tinubu on Nov. 8, 2023.
“A total of 4,011 functional registration centres has been established across the 774 LGAs of the federation and the commission iswas working to expand the number to about 8,000.
“In Anambra, 131 registration centres have been opened in the 21 local government headquarters and several communities. More centres had been proposed for the state,” he said.
According to the Commissioner, the VitalReg platform would provide faster registration services, 24-hour online access, digital certificate issuance where applicable, reduced paperwork and waiting time, improved data validation and a more secure national CRVS database.
While noting that the platform would serve as a foundational database to support other national data systems and strengthen interoperability across Nigeria’s digital identity ecosystem, Ezeoke urged Nigerians and other stakeholders to support the initiative by ensuring prompt registration of all births and deaths.
Speaking on the 2026 World Population Day themed, “Realising the Hopes and Aspirations of Young People – Today and for the Future”, the Commissioner called for greater investment in education, healthcare, skills development, decent employment opportunities and youth participation in governance for sustainable national development.
Earlier, Mr Obiakonwa Okagwu, state director, NPC, said the occasion served as a reminder of great opportunities provided to harness young people’s capabilities, which he said would shape the future of the country when adequately harnessed.
He called on residents to take registration of births and deaths as national responsibility, just as he urged the media to take the message on civil registration to all parts of the State.
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