The Nigerian Communications Commission (NCC) has established a stronger partnership and understanding with the Judiciary to propel Nigeria’s digital transformation forward, Dr Aminu Maida, executive vice chairman of the nation’s telecoms regulator says.
The NCC chief said this in Lagos on Tuesday at the 2024 edition of its Annual Workshop for Judges noting that this year’s theme, “The role of the judiciary in accelerating digital transformation in Nigeria,” is particularly relevant given the pressing need to enhance digital transformation nationwide.
The government has placed significant emphasis on improving coordination and synergy among key stakeholders to ensure more favorable outcomes for its policies, Maida says while welcoming attendees to the 2024 edition on Legal and Regulatory Issues in the Communications Industry, organised by the NCC in collaboration with the National Judicial Institute (NJI). He expressed his delight at the opportunity to deepen the partnership and understanding between the NCC and the judiciary in advancing Nigeria’s digital transformation.
“Our mandate at the Nigerian Communications Commission,” Maida says, “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”.
Maida, who elaborated on the role of NCC in Nigeria’s digital transformation by serving as the backbone of our connectivity. He underscored the commitment to establishing enduring partnerships across the government, particularly with the judiciary, to drive progress in the digital realm.
“Our mandate at the Nigerian Communications Commission,” Maida says, “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”.
In light of the increasing disruptions faced by the telecommunications infrastructure in recent years, stemming from extensive damage caused by vandalism, theft, fibre cuts by construction companies, and restricted access hindering operators from servicing critical infrastructure, the industry has called for the protection of its assets.
The NCC chief emphasised that in order to ensure a truly digital economy, it is imperative to provide adequate protection for the telecommunications infrastructure. This necessitates engaging the judiciary and other sectors of national life in discussions surrounding digital transformation, in order to secure special protections for these assets and ensure uninterrupted connectivity and reliable communication services.
Maida: The Presidency backs NCC on infrastructure protection
Utilising the powers granted under the Cybercrimes Act of 2024 to designate Critical National Information Infrastructure, President Bola Ahmed Tinubu signed a Presidential Order in July 2024 designating all telecommunications infrastructure as Critical National Information Infrastructure. This significant milestone for the industry was achieved through proactive advocacy by the NCC and strategic collaboration with key stakeholders, including the Office of the National Security Adviser (ONSA) and the Federal Ministry of Communications and Digital Economy, Maida says.
With this Presidential Order in place, Nigeria now boasts a comprehensive policy framework aimed at safeguarding vital telecommunication assets, ranging from base stations and data centers to fiber optic cables. This framework enhances our ability to effectively address issues such as vandalism, illegal tampering, and unauthorised access to communications infrastructure, while holding offenders accountable to deter future violations.
As the digital landscape rapidly evolves, he says that the judiciary is recognised as a crucial pillar in shaping a present and future where technology serves humanity. The judiciary is not merely a bystander in the digital revolution but an active participant, continuously shaping the legal frameworks that govern this new technological era.
However, to effectively protect these assets, Maida says it is imperative for the judiciary to adapt and evolve alongside technological advancements. This is essential to ensure that the benefits of digital transformation are accessible to all while mitigating potential risks.
As the digital age advances, Maida says that 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, he adds.
NCC on roles of the judiciary in providing digital justice
The judiciary plays a crucial role in providing digital justice, Maida says. These roles are effectively translated and adapted into online contexts. They include:
- Protecting fundamental rights: The judiciary acts as a guardian of individual rights in the digital sphere, safeguarding privacy, freedom of expression, and access to information. It also ensures a balance between these rights and the need for security and order.
- Enforcing digital contracts and resolving disputes: The judiciary provides a mechanism for enforcing online agreements and resolving disputes arising from e-commerce, intellectual property, and other digital transactions. This fosters trust and predictability in the digital economy.
- Developing digital jurisprudence: The judiciary continually interprets and applies 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 judiciary fosters innovation by providing a stable legal framework that encourages investment and development in emerging technologies.
Maida expresses strong optimism that the workshop will enrich the development of communications law in Nigeria and produce outcomes that will benefit all stakeholders immensely.
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