The Paradigm Initiatives (PIN) has approached the Federal High Court in Abuja to determine whether the National Information Technology Development Agency (NITDA) has the powers to propose or formulate any regulation, framework or guideline which directs or purports to direct, mandate or purport to mandate, dictates or purports to dictate the protection of personal data in Nigeria.
In a statement sent to Elendu Reports, the PIN said it is also asking the court to determine whether NITDA possesses the powers to propose or formulate any regulation, framework and guideline which directs or purports to direct, mandates or purports to mandate, dictate or purports to dictate the issuance and enforcement of sanctions for non-compliance thereto.
According to the statement, the growing number of people with access to the internet and the increasing usage of digital technology in business, healthcare, commerce, banking, and other parts of the economy have created the need to develop more laws and policies around these issues.
However, the power of an agency to make laws and policies on any issues must be given by law, and in ensuring the rule of law is adhered to.
“These questions are important for existing and future policy and regulation formulation as they ensure that responses to emerging threats are meticulous and effective. Actions mandated by laws are legitimized by the people and have contingencies to possible issues. Any agency acting beyond legal authority puts the people and the aspect of governance under their mandate at risk.”
The PIN argued that as a regulatory agency, NITDA is a creation of the law, and as an organization that enforces it, it must not be seen to act outside the limits of the law.
It noted that the suit is without prejudice to NITDA’s ongoing attempt to amend its laws to give it additional powers and to legitimize actions it already undertook within its existing mandate.
“It is our prerogative to see the rule of law adhered to, especially by regulatory agencies of the government, as we await the determination of the suit,” the statement said.
Paradigm Initiative (PIN) is a social enterprise that builds ICT-enabled support systems and advocates for digital rights to improve the livelihoods of under-served young Africans.
The organization has worked in communities across Nigeria since 2007 and across Africa since 2017, building experience, community trust, and an organizational culture that positions it as a leading social enterprise in ICT for Development and Digital Rights on the continent.
PIN has built online platforms that educate and serve as safe spaces for reporting digital rights violations. These mediums, in the form of reports, short films, and educational online platforms, include Ayeta, Londa and Ripoti.
Paradigm Initiative is also the convener of the Digital Rights and Inclusion Forum (DRIF), a pan-African bilingual forum held annually since 2013.
