NCC EVC, CJN seek more collaborations to advance Nigeria’s digital transformation

Executive Vice Chairman/CEO of the Nigerian Communications Commission (NCC), Dr Aminu Maida and Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, have called for more collaborations to advance the digital transformation of Nigeria.

The NCC EVC and the CJN made the calls in their welcome address and keynote address, respectively, at the 2024 edition of the “Annual Workshop for Judges on Legal and Regulatory Issues in the Communications Industry.”

The event, organised by the NCC, in collaboration with the National Judicial Institute (NJI), was held at Sheraton Hotel, Ikeja, Lagos.

Maida said this year’s theme, The Role of the Judiciary in Accelerating Digital Transformation in Nigeria, was fitting, given the urgency of scaling up digital transformation across Nigeria.

He added that it was also timely given the importance placed by the government on improving coordination and synergy among key stakeholders to achieve more beneficial outcomes on its policies.

“I am delighted by this opportunity to forge deeper partnership and understanding between the NCC and the judiciary, to advance Nigeria’s digital transformation,” the NCC EVC said.

He said it has become essential to protect the telecommunication infrastructure in the country, noting that “no sector of the national life is left out of the digital transformation conversation. It impacts all of us.”

He spoke on the role NCC is playing in the process of the digital transformation of Nigeria by providing the backbone of our connectivity.

He also emphasised the commitment of the Commission to building enduring partnerships across government, including, and especially, with the judiciary.

“Our mandate at the Nigerian Communications Commission, as enshrined in the National Communications Act 2003, is a wide-ranging one.

“It includes the establishment and oversight of a regulatory framework for the Nigerian communications industry, as well as the promotion of efficient, reliable, affordable and easily accessible communications services across the country.

“This mandate means that we play an integral role in Nigeria’s transition to a truly digital economy.

“An important aspect of this role involves facilitating the deployment and safeguarding of telecommunication infrastructure, which is essentially the backbone upon which digital services are delivered across various sectors of the economy.

“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,” the NCC EVC said.

Maida said the Judiciary depends, to a great extent, on digital tools and technologies to carry out its functions.

He added that much of the work of judges has been transformed, over time, by the introduction of technology, thus commendably improving the pace and quality of the delivery of justice in Nigeria.

The NCC EVC however lamented that telecommunication infrastructure has increasingly, over the years, suffered disruptions due to extensive damage from vandalism and theft, fibre cuts by construction companies and restricted access, preventing 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,” he said.

Maida reminded participants at the workshop that President Bola Tinubu, last July, signed a Presidential Order designating all telecommunication infrastructure as Critical National Information Infrastructure.

The NCC EVC said the president signed the Order, drawing from the powers granted under the Cybercrimes Act of 2024 to designate what may be characterised 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 centres to fibre 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 offences.

“Under this Order, individuals, organisations, or even government agencies are prohibited from sealing, removing, or damaging telecommunications infrastructure without a lawful court order,” he said.

The EVC said NCC anticipated 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 (ONSA), which plays a central role in coordinating the operationalisation 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,” he added.

The NCC EVC stated that the workshop will serve as a platform for the Commission to share insights into the workings of the Critical National Information Infrastructure Presidential Order.

He said insights will include the significance of the Order and the crucial role of the judiciary in bringing its provisions to life and ultimately support the accelerated digital transformation that will drive the country forward.

“Your Lordships, distinguished guests, ladies and gentlemen, 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 is 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 is 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 is to foster innovation by providing a stable legal framework that encourages investment and development in emerging technologies,” he said.

The NCC EVC expressed strong optimism that the workshop will enrich the development of communications law in Nigeria, and produce outcomes that will be of immense benefit to all stakeholders.

He also thanked the National Judicial Institute (NJI), for being a good collaborator and assured that every view expressed during the brainstorming and insights at the workshop would be respected and valued.

Declaring the workshop open, the CJN, Justice Kudirat Kekere-Ekun, in her keynote address, expressed her pleasure at being at the workshop.

She noted that the engagement has, over the years, contributed to the expansion of judicial officers with regard 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.

“In view of recent developments in the sector, I believe the theme of this year’s workshop, The Role of the Judiciary in Accelerating Digital Transformation in Nigeria, 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 globalisation.

“However, considering the fact that this workshop primarily seeks to highlight and proffer solutions to legal issues in telecommunications, I would 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 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,” she said.

The CJN however expressed hope that the workshop will avail participants the opportunity to deliberate on challenges facing the telecommunications sector and to cross-fertilize ideas on the viable options and strategies to address these issues.

She said she expected 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.