Lawyer Challenges Data Protection Act

An Abuja-based lawyer, Solomon Okedara, has filed a suit on the enforcement of the Data Protection Act 2023 against the Attorney General of the Federation and the National Assembly at a Federal High Court in Abuja.

Okedara, in a fundamental right to privacy and protection of personal data suit, marked FHC/Aabj/CS/1005/2023 and filed before the court on July 21, 2023, is challenging the non-provision for specific courts with jurisdiction to data protection in the Nigerian Data Protection Act 2023.

The lawyer asked the court to determine four issues: whether or not the provisions of a specific court with the subject matter of jurisdiction to adjudicate on data protection and privacy-related subjects in the Nigerian Data Protection Act 2023 are fundamental to the fulfilment of the objectives of the Nigeria Data Protection Act 2023 and the protection of personal data and privacy of the applicant.

President Bola Tinubu had, in June 2023, signed the Data Protection Bill 2023 into an Act, hereby becoming the Nigeria Data Protection Act 2023.

Okedara, in an affidavit in support of the originating summons, stated that he is an expert on data protection and privacy-related matters, including litigation and consulting for governments, civil society organisations, and international institutions, including the European Investment Bank.

He said that within two weeks after the enactment of the Nigeria Date Act 2023, he had experienced a number of instances of unlawful processing of his personal data by different categories of data controllers, and he needed to approach the court to recover damages against those data controllers, but it was still unclear whether he could validly approach a magistrate court, a high court, or only the Federal High Court under the Act.

“That as a Data Protection and Privacy expert, I have also received inquiries from parties seeking redress under the Act who have been faced with challenges in identifying the appropriate court(s) with jurisdiction, leading to delays that may result in eventual unnecessary litigation.

“That I verily believe that the uncertainty and unclarity of the definition of the word” court” in Section 65 of the Nigeria Data Protection Act 2023 is a matter of public importance, requiring the intervention of this court to provide clarity, guidance, and certainty to affected parties and stakeholders, including affected parties, legal practitioners, and the judiciary, to ascertain which court(s) have the authority to adjudicate matters arising from the Act,” he said, among other things he seeks reliefs and clarifications for.