Yesterday, data privacy was only a significant part of our Constitutionally protected human rights in Nigeria. The Nigerian Data Protection Act (NDPA) 2023 provides data privacy and protection today. We believe that magistrate courts are competent courts enabled under the NDPA 2023 to decide data privacy and protection claims.
Why Data Privacy Matters
Data privacy is not just a buzzword; it affects everything from your banking details, phone number, or email to how your employers and service providers handle your personal information in a borderless village.
Yet, protecting your data is not something “new” or “separate” from human rights. It is now a separate class of human rights.
Unsolicited Marketing Messages
Segun wondered: “How did this random betting company get my phone number?” He did not sign up. He did not consent. Yet he receives daily SMS or WhatsApp messages promoting services he never asked for.
Violation: Under Nigeria’s Data Protection rules, your phone number is your personal data. Companies must get your consent before contacting you.
How the Court of Appeal Paved the Way
The Court of Appeal showed impressive leadership in the case of Incorporated Trustees of Digital Rights Lawyers Initiative & Ors v. NIMC (2021) LPELR-55623(CA).
In that case, the court decided that data privacy is part of fundamental human rights. The decision was a huge step forward. It recognised that your digital footprint is as much a part of your dignity and rights as your physical body.
Imagine your house without a lock. That’s what your data looks like without privacy protection.
But Let us Not Tie the Court’s Hands
However, respectfully, we must be careful. Relying rigidly on the old case alone would ignore a newer, clearer, and more specific law: the Nigerian Data Protection Act (NDPA) 2023.
Interestingly, section 65 of the NDPA 2023 defines the courts that can hear data privacy cases very simply: “Any court of competent jurisdiction.”
That is it. There are no complicated definitions. Nothing says High Courts only. The National Assembly, using its constitutional power, made it clear!
Suppose a court typically has the power to hear civil matters (like the Magistrate Court does). In that case, it also has the power to decide data privacy and protection cases.
It happens: A hospital clerk calls out a patient’s full name and sickness details in a crowded waiting room.
Or you see patient files left carelessly at a reception desk where anyone can peek.
Violation: Medical information is extremely sensitive, and healthcare providers must keep it private and confidential.
Why A Magistrate Court Has Full Power
We have already explained why an Honourable Magistrate is fully competent to hear this cases. Emphatically, section 65 of the NDPA 2023 gives Magistrate Court the green light.
If someone says only a High Court can handle data privacy cases, they are reading old law, not the new reality. Today, you don’t have to climb the legal mountain of going only to higher courts for data privacy and protection abuses.
You can seek justice here and now, in the magistrate court in your community. Why, are village matters not settled in the village (magistrate courts)?
Courts Must Empower, Not Delay, Justice
In a world where your money and your data are at risk, we need courts that are ready, willing, and able to protect our rights.
Magistrate Courts have full legal power to hear data privacy and protection cases.
The judicial attitude is never to read into any law what the law did not plainly provide. Courts of competent jurisdiction, including magistrate courts, can decide data privacy and protection claims in Nigeria.
Again: You want to buy a pair of shoes online. Suddenly, the seller demands not just your address, but also your BVN, phone number, and mother’s maiden name in addition to your BVN – all just to “verify” your order.
Violation: Businesses should only collect the minimum data needed for the service you are requesting. Asking for unnecessary personal details is against data protection rules.
Conclusion:
Subject to the limits on monetary compensation a Magistrate Court can award to a successful party, a magistrate court can and must decide data privacy and protection claims.
Our views are consistent with the definition of courts under the NDPA 2023 as courts of competent jurisdiction.
Insight: Imagine applying for a passport, and months later, your private information (like your home address or phone number) is leaked or misused. Sadly, even government bodies have been guilty of poor data handling practices.
Violation: Under the Nigerian Data Protection Act (NDPA) 2023, even government agencies must protect your personal data and keep it safe from unauthorized use.
