*Argues Lack of Funding Hampers NDPC’s Ability to Protect Citizens’ Data Privacy
Nigerian lawyer and privacy professional Olumide Babalola has filed a fundamental rights enforcement suit against the federal government over the non-funding of the Nigeria Data Protection Commission (NDPC).
In the suit FHC/LF/41/2024 filed at the Federal High Court in Lafia, Nasarawa State, Babalola is seeking an order to compel the government to establish the NDPC Fund and release the requisite statutory funding to the Commission to enable it effectively carry out its mandate of protecting the data privacy rights of Nigerian citizens.
Joined as respondents in the suit are the Minister of Communications, Innovation and Digital Economy, the National Assembly, the Attorney General of the Federation, the Nigerian Communications Commission, the National Information Technology Development Agency, and the NDPC itself.
Babalola, in his originating summons, is praying the court to declare that by virtue of the Nigeria Data Protection Act 2023, the NDPC is entitled to a take-off grant to be appropriated by the National Assembly and drawn from the Consolidated Revenue Fund, the Nigerian Communications Commission, and the National Information Technology Development Agency. He argues that the government’s failure to establish the Fund and release the statutory funding hampers the NDPC’s ability to effectively perform its functions and enforce the data privacy rights of Nigerians.
In a 16-paragraph supporting affidavit deposed to by his litigation secretary Joseph Stephen Esson, Babalola avers that he is a data privacy professional who has built his legal practice around data protection and has provided consultancy services to the NDPC itself. He states that the non-establishment of the NDPC Fund and failure to release funding to the Commission has not only hampered its operations but has caused him loss of income and professional fees as a data protection consultant.
Babalola further avers that he has been a victim of data privacy breaches and is entitled to seek redress from the NDPC, but the Commission’s inability to effectively investigate his complaint or provide compensation due to paucity of funds amounts to a breach of his fundamental right to privacy guaranteed under Section 37 of the Nigerian Constitution and the Nigeria Data Protection Act 2023.
No date has been fixed for the hearing of the suit.