NCC, Judiciary collaborate to deepen Nigeria’s digital transformation

 

The Nigerian Communications Commission (NCC) has said 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, noting that one key challenge lies in adapting existing legal principles to the complexities of emerging and evolving technologies.

Dr Aminu Maida, Executive Vice Chairman/CEO of The Nigerian Communications Commission (NCC) dropped the hint in his welcome address on Legal and Regulatory Issues in the Communications Industry, organized by the NCC in collaboration with the National Judicial Institute (NJI) with its theme: “The role of the judiciary in accelerating digital transformation in Nigeria”, at the 2024 Edition of the Judges Workshop held at Sheraton Hotel Ikeja, Lagos.

The EVC said “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. Much of the work that you do as Judges has been transformed over time by the introduction of technology, commendably improving the pace and quality of the delivery of justice in Nigeria.

He highlighted 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, he said, has long called for special protections to be accorded to these assets to ensure continuous connectivity and reliable communication services.

He cited the powers granted under the Cybercrimes Act of 2024 to designate what may be characterized as Critical National Information Infrastructure, adding that President Bola Ahmed Tinubu, in July 2024, signed a Presidential Order that designates all telecommunications infrastructure as Critical National Information Infrastructure.

Maida noted that this pivotal advancement for the 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.

In his words: “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.

“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.

“The Office of the National Security Adviser, which plays a central role in coordinating the operationalization of the Presidential Order, has already begun stakeholder consultations and meetings to facilitate immediate implementation. 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.”

Maida said that 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.

In her opening remark, Chief Justice of Nigeria (CJN) and Chairman, Board of Governors of The National Judicial Institute, Justice Kudirat Kekere-Ekun, commended the Commission, saying that over the years, this engagement has contributed to the expansion of the knowledge base of Judicial Officers with regards to emerging issues in the Telecommunications Sector.

The CJN stated that this positive impact is evident in the enhancement of the skills and capacity of judicial officers who have participated in previous editions of the Workshop.

She cited the major challenge posed by electronically backed transactions which is common place in the Banking Sector, including 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, stressing that these and several other challenges have resulted in a number of disputes which frequently require adjudication.

Justice Kudirat Kekere-Ekun, acknowledged that the forum will equip Judicial Officers with the technical skills required for adjudicating disputes arising from the Sector and keep them abreast with global standards and best practices.

Additionally, she said given the far-reaching impact of technology on every Sector and the urgency of embracing and adopting technological innovations in our various endeavors that this engagement will offer insights into the immense benefits of digital transformation to both the Judiciary and indeed the Telecommunications Sector.

She assured that the Nigerian Judiciary is committed to the development of the Telecommunications Sector and as such 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,” she emphasized.