Telecom
Paradigm Initiative Calls out Kenyan Government over Privacy concern on Huduma Number

On February 18 2019, the government of Kenya publicly announced the rolling out of Huduma number, a single number that is linked to a resident’s personal identifiers including biometric and demographic data in digital form.
Huduma number was made law through the Statute Law (Miscellaneous Amendments) Act No. 18 of 2018 which introduced various critical amendments to the Registration of Persons Act, Cap 107.
This Miscellaneous Amendments Bill came into force on January 18, 2019, a mere 19 days after the President gave his assent with no public consultation.
Rebecca Ryakitimbo, Paradigm Initiative’s Google Policy Fellow, East Africa stated, ”the Act introduced a National Integrated Management system to maintain a national population register for all persons within Kenya including registered foreigners and merge several public registers including immigration register that has passport details”.
According to the Government of Kenya the said number would ease identification processes and public service delivery.
However despite the positive image painted by the government, human rights defenders and residents have urged that the Huduma number violates the right to privacy, equality, the right to non-discrimination in the bill of rights and the right to public participation.
On February 14 2018 Nubian Rights Forum (NRF) filed a case in the High Court of Kenya Constitutional and Human Rights Division against its rollout.
Other institutions like Kenya Human Rights Commission and the Kenya National Commission on Human Rights filed similar cases on February 18 2019.
This cases stalled the roll out. However in April the High Court allowed the government to launch the Huduma registration but with several conditions pending hearing and determination of suit against the programme.
‘Gbenga Sesan, the Executive Director, Paradigm Initiative, noted, ”Among the conditions the court issued on the government included been barred from forcing Kenyans to register, using the data to withhold any services and sharing the collected information with international bodies. The State was also prohibited from including DNA in the biometrics”.
In effect to this the parliament of Kenya has drafted the Huduma Namba Bill 2019 to address some of the concerns raised over its roll out and has issued a public notice for comments on the said bill.
Ideally Huduma namba shouldn’t have been rolled out until the enactment of sufficient legal mechanisms such as the data protection law and the proposed “huduma namba bill”.
Rebecca Ryakitimbo added, ”The Huduma namba bill makes Huduma namba mandatory in payment of taxes at the Kenya Revenue Authority (KRA), opening of bank accounts and undertaking land transfers among others.
“As a result residents may be denied their constitutional rights simply because they do not have one.
“The same applies for sanctions and fines that follow non-compliance taking away citizens control over their data”.
Tope Ogundipe, Director of Programmes, Paradigm Initiative, noted, ”The penalties under the bill are unrealistic and unreasonable.
“Some provisions such as registration of passports do not allow for due process, and residents cannot appeal if denied passports according to the bill.
“Provisions of the bill should not deny residents access to services by making huduma namba a de facto requirement to access public services, including health services”.
As the Parliament of Kenya deliberates on the bill it should look at the bill’s implication to the right to privacy and ensure it encompasses data protection principles and provide for principles of fairness and transparency, data minimization and accountability.
Understanding the nature and sensitivity of this kind of “data bank”, it is necessary that sufficient mechanisms are in place to ensure that the system is not vulnerable to breaches and that risk mitigation plans are in place.
Telecom
X Suspends Twitter Account for Rules Violation

X, the social media platform formerly known as Twitter, has suspended the @Twitter account, replacing its profile with a standard notice citing violation of platform rules.

Musk
The action, which occurred on Sunday, January 11, left users encountering the handle greeted by a bold “Account Suspended” message on a black screen, with no details provided on the specific rules broken or the duration of the suspension.
The development has sparked widespread confusion and nostalgia among users, given that Elon Musk rebranded Twitter to X in July 2023, approximately six months after acquiring the platform for $44 billion in late 2022.
The @Twitter handle had remained dormant since before Musk’s takeover, serving as a legacy remnant of the platform’s original branding, and its suspension appears to mark the final erasure of the Twitter name amid X’s ongoing efforts to combat spam, impersonation, and rule violations.
X’s official statement on the suspended page simply reads: “X suspends accounts that violate our rules,” without offering an appeal process or further explanation, unlike standard user suspensions.
Public reactions on social media ranged from humorous laments of “RIP Twitter” to speculation that the move resulted from automated moderation or a deliberate cleanup of legacy trademarks.
xAI’s Grok AI described it as a purposeful retirement of outdated elements rather than a genuine infraction, while neither Elon Musk nor X spokespeople issued any comment as of Monday morning.
This incident underscores the evolving identity of the platform under Musk’s ownership, which also saw a domain shift to x.com in 2024, further distancing it from its Twitter roots.
Industry observers note that while the suspension aligns with X’s stricter enforcement policies, the lack of transparency has fueled debates on consistency in applying rules to high-profile legacy accounts.
Telecom
FG Plans to Invest $460m World Bank Loan in Fibre Infrastructure

Federal Government plans to channel $460m World bank loan, representing about 92 per cent of a $500m, into the proposed fibre infrastructure company set up to deploy 90,000 kilometres of climate-resilient broadband fibre across the country.

This is contained in the Financing Agreement for the Building Resilient Digital Infrastructure for Growth project between the Federal Government and the International Development Association, the concessional lending arm of the World Bank.
Under the agreement, the World Bank approved a $500m concessional credit to support Nigeria’s drive to expand access to high-quality and climate-resilient broadband internet in unserved and underserved areas.
Of this amount, $460m is earmarked specifically for equity financing and capitalisation of a new Project Company that will drive the fibre rollout. The remaining $40m will cover goods, works, consulting and non-consulting services, training, operating costs, and the refund of a preparation advance used to develop the project framework.
According to the document, the proposed Project Company will be established “as an independent, majority privately-owned and managed special purpose vehicle-joint venture with the objective of the deployment of 90,000 kilometres of climate-resilient fibre infrastructure following a phased approach, limited to provision of wholesale, open access services to licensed telecommunications operators, and management of associated investments, including the carrying out of preparatory activities and provision of transaction advisory services, and provision of equity financing in and capitalization of the Project Company.”
The Federal Government will participate in the company as a shareholder through the Ministry of Finance Incorporated, which manages the government’s investment interests. However, the agreement explicitly caps the government’s shareholding at a maximum of 49 per cent, ensuring that the company remains majority privately owned.
The $460m equity injection is broken into four tranches, tied to strict performance and operational milestones. The first tranche of $150m will be released once the Project Company is incorporated as a joint venture with private partners selected through a process acceptable to the World Bank, and after its memorandum, articles of association, and shareholding agreement are approved.
A second tranche of $100m will only be disbursed after the company adopts fiduciary and administrative procedures approved by the lender and completes at least 5,000 kilometres of fibre deployment. The third tranche of $100m is linked to the completion of an additional 20,000 kilometres of network construction.
The final tranche of $110m will be released after the company launches wholesale open-access services through a published reference offer and completes a further 40,000 kilometres of fibre deployment, bringing the total rollout to at least 65,000 kilometres before the final equity drawdown.
Once each tranche is withdrawn, the agreement requires that the funds be transferred to the Project Company’s dedicated account within five working days, showing the equity nature of the financing rather than traditional budgetary spending.
The project will be implemented under the oversight of the Federal Ministry of Communications, Innovation and Digital Economy, and the Federal Ministry of Finance will receive semi-annual progress updates.
A dedicated Project Implementation Unit will manage day-to-day execution, with overall financial management handled by the Federal Project Financial Management Department in the Office of the Accountant General of the Federation.
Beyond the fibre rollout, the project also includes technical assistance to federal government agencies to support the use of high-quality broadband in targeted areas, as well as funding for project management, monitoring and evaluation, environmental and social safeguards, grievance redress mechanisms and independent audits.
The agreement places strong emphasis on environmental and social standards, requiring compliance with an Environmental and Social Commitment Plan. It also mandates the establishment of an accessible grievance mechanism for affected communities and strict reporting obligations to the World Bank.
Telecom
Court Dismisses N1Bn Suit against MTN, Awards N3m Costs

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.

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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