…as the Executive Vice Chairman of the Nigerian Communications Commission (NCC), Dr Aminu Maida seeks judiciary’s understanding in the adjudication of telecommunications sector’s conflicts.

The Chief Justice of Nigeria, Justice Kudirat Olatokunbo Kekere-Ekun on Tuesday expressed her worries on crimes perpetrated with telecommunications technology that pertains to stealing individual identities to perpetrate crime and using the same technology to steal people’s money in banks. She called on the stakeholders in the telecommunications sector to find a lasting solution to these crimes and assist judicial officers through training to better adjudicate conflicts arising therefrom.

Justice Kekere-Ekun made these remarks in Lagos at the National Workshop for Justices and Judges on Legal Issues in Telecommunications organized by the Nigerian Communications Commission (NCC) in collaboration with the Nigerian Judicial Institute (NJI) which was held at the Sheraton Hotels, Lagos on Tuesday. The year’s theme is tilted “The role of the judiciary in accelerating digital transformation in Nigeria”.

Justice Kekere-Ekun said: “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 commonplace 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 Nigerian Numero Uno judicial officer enjoined the participants at the workshop to deliberate on current challenges confronting the telecommunications sector through cross fertilization of ideas on viable options and strategies. “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 and communicated in a concise manner”, she said further.

The CJN commended NCC and the National Judicial Institute for the collaboration which has resulted in positive impacts 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”.

She assured the stakeholders of the commitment of the Nigerian judiciary to the development of the telecommunications sector. “I must commend the Nigerian Communications Commission for its assiduous efforts at protecting consumers from unfair practices by service providers. I wish to assure you that the Nigerian Judiciary is committed to the development of the Telecommunications Sector and as such, we will continue to ensure coherence in the interpretation of the relevant laws as well as transparency and efficiency in the dispensation of justice. I have no doubt that through our combined efforts, we will be able to secure and bolster the confidence of both investors and stakeholders in the Sector”.

In his welcome address, the Executive Vice Chairman of NCC, Dr Aminu Maida expressed the need to scale up digital transformation in Nigeria saying the government places much importance  on improving coordination and synergy among key stakeholders to achieve more beneficial outcomes on its policies.

He therefore reiterated that the workshop is expected to “provide valuable insights to further support the judiciary in fulfilling its vital role within our democratic framework, especially as it relates to the evolving landscape of digital technologies and communication practices”.

He said further: ‘Our mandate at the Nigerian Communications Commission, as enshrined in the National Communications Act 2003, is a wide-ranging one that 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. 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”.

He commended President Bola Ahmed Tinubu for signing an executive order characterized as Critical National Information Infrastructure which designates all telecommunications infrastructure as Critical National Information Infrastructure.

‘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.

This workshop will serve as a platform for the Commission to share insights into the workings of the Critical National Information Infrastructure Presidential Order, its significance, and the crucial role of the judiciary in bringing the Order’s provisions to life, ultimately supporting the accelerated digital transformation that will drive our nation forward”.

Maida said further: ‘Your Lordships, distinguished guests, ladies and gentlemen, ensuring and regulating Nigeria’s digital transformation is not a task that the NCC can fulfill 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”.

The EVC said 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. He emphasized the role of the judiciary in the protection of fundamental human 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”.

Furthermore, he said that the judiciary must understand its role in 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”.

He also mentioned two other roles:

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; and promoting innovation: “The responsibility of the judiciary to foster innovation by providing a stable legal framework that encourages investment and development in emerging technologies”.

Maida concluded by thanking the Chairman of the Education Committee of NJI, Justice John Inyang Okoro, and the Administrator, Justice Salisu Garba Abdullahi for providing a conducive atmosphere for the workshop.

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