The Nigerian Communications Commission (NCC) in collaboration with the National Judicial Institute (NJI) has drilled the Nigerian judiciary at the 2024 edition of Annual Workshop for Judges on Legal and Regulatory Issues in the Communications Industry.
Addressing participants at the event held in Lagos, the EVC, Dr. Aminu Maida averred that “This year’s theme, “The role of the judiciary in accelerating digital transformation in Nigeria” is especially 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.
He noted that the workshop has created a strong opportunity for NCC to forge deeper partnership and understanding between the NCC and the judiciary, with the goal of advancing Nigeria’s digital transformation.
According to him, “Our mandate at the Nigerian Communications Commission, as enshrined in the National Communications Act 2003, is a wide-ranging one that includes the establishment and oversight of a regulatory framework for the Nigerian communications industry, as well as the promotion of efficient, reliable, affordable and easily accessible communications services across the country.
“This mandate means that we play an integral role in Nigeria’s transition to a truly digital economy. An important aspect of this role involves facilitating the deployment and safeguarding of telecommunication infrastructure – which is essentially the backbone upon which digital services are delivered across various sectors of the economy.
Giving further insights on regulatory challenges of the sector, Dr Maida revealed that “Increasingly over the years, telecommunication infrastructure has suffered from disruptions due extensive damage from vandalism and theft, fiber cuts by construction companies to mention a few, and even restricted access that prevents operators from servicing critical infrastructure. The industry has long called for special protections to be accorded to these assets to ensure continuous connectivity and reliable communication services.
“Drawing from the powers granted under the Cybercrimes Act of 2024 to designate what may be characterized as Critical National Information Infrastructure, President Bola Ahmed Tinubu, in July 2024, signed a Presidential Order that designates all telecommunications infrastructure as Critical National Information Infrastructure. This pivotal advancement for our industry was achieved through the NCC’s proactive advocacy and strategic collaboration with key stakeholders, including the Office of the National Security Adviser (ONSA) and the Federal Ministry of Communications and Digital Economy.
“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.
“Under this Order, individuals, organizations, or even government agencies are prohibited from sealing, removing, or damaging telecommunications infrastructure without a lawful court order.
The EVC said “We anticipate that the courts may occasionally receive requests for orders to grant exceptions to the protections afforded to these Critical National Information Infrastructures. During this workshop, we aim to provide insights that will support judicial discretion in evaluating such requests.
Continuing, Dr. Maida noted that “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.
“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, as follows:
- Protecting fundamental rights: The responsibility of the judiciary to act as a guardian of individual rights in the digital sphere, safeguarding privacy, freedom of expression, and access to information, while also ensuring a balance between these rights and the need for security and order.
- Enforcing digital contracts and resolving disputes: The responsibility of the judiciary to provide a mechanism for enforcing online agreements and resolving disputes arising from e-commerce, intellectual property, and other digital transactions, fostering trust and predictability in the digital economy.
- Developing digital jurisprudence: The responsibility of the judiciary to continually interpret and apply existing laws to new digital contexts, creating a body of digital jurisprudence that provides clarity and guidance for individuals, businesses, and governments operating in the digital space.
• Promoting innovation: the responsibility of the judiciary to foster innovation by providing a stable legal framework that encourages investment and development in emerging technologies.
