Nigeria’s telecoms regulator, the Nigerian Communications Commission (NCC) has called on the judiciary to join hands with the Commission as it works towards the goal of digital transformation in Nigeria.
Speaking at the 2024 Edition of the Judges Workshop, an annual workshop for Judges on Legal and Regulatory issues in the communications industry, organised by the NCC, in collaboration with the National Judicial Institute (NJI) in Lagos, the Commission’s Executive Vice Chairman/CEO, Dr. Aminu Maida, harped on the security of telecoms infrastructure as an area of dire interest.
“You will agree with me that we cannot guarantee a truly digital economy without being able to adequately protect this telecommunication infrastructure that underpins the digital economy. I am aware, as you all are, of the extent to which the judiciary today depends on digital tools and technologies to carry out its functions,” he asserted.
He noted that over the years, telecommunication infrastructure has increasingly suffered from disruptions due to extensive damage from vandalism/theft, fiber cuts by construction companies, and restricted access that prevents operators from servicing critical infrastructure, among others. These challenges necessitated the industry’s call for special protections to be accorded to these assets to ensure continuous connectivity and reliable communication services. A call that gave rise to the signing of the Presidential Order by President Bola Ahmed Tinubu, in July 2024, designating all telecommunications infrastructure as Critical National Information Infrastructure.
He further explained: “With this Presidential Order, Nigeria now has a comprehensive policy framework to protect vital telecommunication assets—from base stations and data centers to fiber optic cables. This framework strengthens our ability to decisively confront issues such as vandalism, illegal tampering, and preventing access to communications infrastructure, holding violators accountable to deter future offenses.”
Speaking on the collaborative meeting point with the Judiciary, Dr. Maida said: “It is likely that, in the near future, vandals, thieves, and others who breach this Order’s provisions will be brought before your courts.
“We trust that with a deeper understanding of the harm and disruption caused by such actions, the judiciary will impose appropriate sanctions to serve as strong deterrents against criminal activity.”
He also called on the judiciary to strengthen ties with the Commission because they have a lot to offer. “Ensuring and regulating Nigeria’s digital transformation is not a task that the NCC can fulfill alone. It involves strategic collaboration with key partners, and the judiciary remains one of our most important stakeholders in this regard. A functional digital economy is built on investor and consumer confidence, which are impossible in the absence of the Rule of Law – a critical element that is supplied by the judiciary.
As the digital landscape continues to evolve at an unprecedented pace, the judiciary stands as a vital pillar in shaping a present and a future where technology serves humanity. The judiciary is not simply a bystander observing the digital revolution; instead, it is an active participant, playing a continuous role in shaping the legal frameworks that govern this new technological era. The judiciary’s ability to adapt and evolve alongside technological advancements is paramount to ensuring that the benefits of digital transformation are accessible to all, while mitigating potential risks.”
He further tasked the judicial officers: “As the digital age advances, judicial officers must constantly adapt to ensure that the Rule of Law is as effective and enforceable in the online realm as it is in the world of brick and mortar. One key challenge lies in adapting existing legal principles to the complexities of emerging and evolving technologies.”
According to the NCC boss, Nigerians are eager to see a new chapter of digital justice, where the roles played by the judiciary are effectively translated and adapted into online contexts. These contexts he listed to included;
- Protecting fundamental rights
- Enforcing digital contracts and resolving disputes
- Developing digital jurisprudence
- Promoting innovation
The Chief Justice of Nigeria and Chairman, Board Of Governors of the NJI, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, in her speech, noted that the Workshop primarily seeks to highlight and proffer solutions to legal issues in telecommunications.
She drew attention to a dual issue, which she considers pivotal, and which revolve around cyber security and the attendant challenges of exploring the digital space.
“The first is the increased risk of the personal data of consumers being misused or compromised by unscrupulous persons, thus necessitating the need for improved strategies and innovation for consumer protection in the Telecommunications Sector.
“Also, worth noting are deficiencies in the Banking Sector and which are attributable to reliance on digital services provided by the Telecommunications Sector. There is for instance the major challenge posed by electronically backed transactions which is common place in the Banking Sector. Concerns in this regard include the spate of customers whose online banking platforms have been hacked, as well as banks being compromised due to technological glitches not factored into their day to day operations. Consequently, these and several other challenges have resulted in a number of disputes which frequently require adjudication.”
Hon. Justice Kekere-Ekun assured that the Nigerian Judiciary is committed to the development of the telecommunications sector and as such, we will continue to ensure coherence in the interpretation of the relevant laws as well as transparency and efficiency in the dispensation of justice. “I have no doubt that through our combined efforts, we will be able to secure and bolster the confidence of both investors and stakeholders in the Sector.”
The theme of the event was “The role of the judiciary in accelerating digital transformation in Nigeria”, a spotlight the NCC boss noted was fitting, “given the urgency of scaling up digital transformation across Nigeria, as well as the importance placed by the government on improving coordination and synergy among key stakeholders to achieve more beneficial outcomes on its policies.”
