The Place Of Judiciary As Nigeria Accelerates Digital Transformation
The Chief Justice of Njgeria, Hon. Justice K.M.O. Kekere-Ekun, GCON and Executive Vice Chairman/CEO of the Nigerian Communications Commission (NCC), Dr Aminu Maida have described the roles of Nigerian judiciary to be pertinent to the success of the country’s acceleration to digital transformation.
The duo were given remarks at the 2024 edition of the Annual Workshop for Judges on Legal and Regulatory Issues in the Communications Industry, organized by the NCC in collaboration with the National Judicial Institute (NJI).
To the CJN, “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. Doubtless, 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.
“I believe the theme of this year’s workshop could not have come at a better time. There is no gainsaying the fact that, the deployment of technology in telecommunications plays a pivotal role in the advancement and enhancement of the economic system of any country and invariably stands as a driving force towards globalization.
“However, considering the fact that this Workshop primarily seeks to highlight and proffer solutions to legal issues in telecommunications, I will like to quickly bring our attention to two issues which I consider to be pivotal and which revolve around cyber security and the attendant challenges of exploring the digital space.
“The first is the increased risk of the personal data of consumers being misused or compromised by unscrupulous persons, thus necessitating the need for improved strategies and innovation for consumer protection in the Telecommunications Sector.
“Also, worth noting are deficiencies in the Banking Sector and which are attributable to reliance on digital services provided by the Telecommunications Sector. There is for instance the major challenge posed by electronically backed transactions which is common place in the Banking Sector. Concerns in this regard include 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.
“Consequently, these and several other challenges have resulted in a number of disputes which frequently require adjudication.
“It is also my expectation 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, given the far-reaching impact of technology on every Sector and the urgency of embracing and adopting technological innovations in our various endeavors, I am confident that this engagement will offer insights into the immense benefits of digital transformation to both the Judiciary and indeed the Telecommunications Sector.
“I also believe the specific role of the Judiciary in expediting the said transformation will be spotlighted communicated in a concise manner,” said the CJN, who is also the Chairman, Board of Governors, National Judicial Institute.
The NCC boss, Dr Maida praised the robust relationship that exists between the telecom industry in the country and the Judiciary, adding that the workshop further gives the opportunity to forge deeper partnership and understanding between the NCC and the judiciary, with the goal of advancing Nigeria’s digital transformation.
“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.
“So, clearly, no sector of national life is left out of the digital transformation conversation. It impacts all of us.
“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.
“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.
“Ensuring and regulating Nigeria’s digital transformation is not a task that the NCC can fulfil alone, it involves strategic collaboration with key partners, and the judiciary remains one of our most important stakeholders in this regard. A functional digital economy is built on investor and consumer confidence, which are impossible in the absence of the rule of law – a critical element that is supplied by the judiciary.
“As the digital landscape continues to evolve at an unprecedented pace, the judiciary stands as a vital pillar in shaping a present and a future where technology serves humanity. The judiciary is not simply a bystander observing the digital revolution; instead, it is an active participant, playing a continuous role in shaping the legal frameworks that govern this new technological era. The judiciary’s ability to adapt and evolve alongside technological advancements is paramount to ensuring that the benefits of digital transformation are accessible to all, while mitigating potential risks.
“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,” Dr Maida said.
