A legal battle has commenced between privacy lawyer Olumide Babalola and the National Assembly over the alleged refusal to appropriate funds for the Nigeria Data Protection Commission (NDPC).
Babalola, a well-known advocate for data protection, filed a lawsuit at the Federal High Court (Suit No. FHC/LF/FHR/47/2024), accusing the National Assembly of failing to allocate the necessary funds for the effective functioning of the NDPC.
In the suit, Babalola argues that the refusal to allocate funds hampers the NDPC’s ability to carry out its mandate of regulating and enforcing data protection laws in Nigeria, which is critical in the digital age. He contends that the failure to provide financial resources violates the Nigeria Data Protection Act and undermines the commission’s statutory responsibility to safeguard citizens’ personal data and the right to privacy.
However, in a counter affidavit filed on September 4, 2024, the National Assembly denied the accusations. The Assembly stated that it had duly appropriated the required funds for the NDPC in accordance with the law. The Assembly’s legal representatives further asserted that all necessary budgetary provisions had been made, although no document was attached to the court process. The filing emphasized that the alleged funding shortfall does not stem from a lack of appropriation on the Assembly’s part, but from other possible administrative or implementation issues outside the legislature’s control.
The case is being closely watched by observers, as the NDPC plays a critical role in protecting the personal data of millions of Nigerians, especially given the increasing reliance on digital platforms and technology. The outcome of this case could have significant implications for the enforcement of data protection laws in Nigeria and the future operations of the commission.
The Federal High Court has scheduled a hearing for September 25, where both parties will present their arguments in detail. Until then, the legal clash raises important questions about government accountability, transparency, and the role of the National Assembly in ensuring that regulatory bodies such as the NDPC are adequately funded to fulfil their mandates.
As the digital landscape continues to evolve and personal data becomes increasingly valuable, the importance of a well-funded and effective data protection commission cannot be overstated. The resolution of this legal battle will likely set a precedent for the future of data protection in Nigeria and the government’s commitment to safeguarding citizens’ privacy rights.