An Abuja-based lawyer, Solomon Okedara, has initiated legal action by filing 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.
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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 contesting the absence of provisions for specific courts with jurisdiction over data protection in the Nigerian Data Protection Act 2023.
The lawyer has posed four issues for the court’s determination: whether the provisions for a specific court with the jurisdiction to adjudicate on data protection and privacy-related subjects in the Nigerian Data Protection Act 2023 are fundamental to achieving the objectives of the Nigeria Data Protection Act 2023 and safeguarding the personal data and privacy of the applicant.
In June 2023, President Bola Tinubu signed the Data Protection Bill 2023 into an Act, thereby establishing the Nigeria Data Protection Act 2023.
In an affidavit supporting the originating summons, Okedara stated that he is an expert in data protection and privacy-related matters, offering litigation and consulting services for governments, civil society organizations, and international institutions, including the European Investment Bank.
He noted that within two weeks of the Nigeria Data Act 2023’s enactment, he encountered instances of unauthorized processing of his personal data by different data controllers. He needed to approach the court to seek damages against these data controllers, but the Act’s provisions did not clearly stipulate whether he could approach a magistrate court, a high court, or only the Federal High Court.
He emphasized, “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.”
He further expressed that the lack of clarity in the definition of the term “court” in Section 65 of the Nigeria Data Protection Act 2023 is a matter of public importance, necessitating the court’s intervention to provide clarity and guidance to all stakeholders involved. This includes affected parties, legal practitioners, and the judiciary, to ascertain which court(s) possess the authority to adjudicate matters arising from the Act.
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