EXAMINING THE JUDICIAL ATTITUDE TO DATA PROTECTION IN NIGERIA

Abstract

In recent times, the subject of data privacy and data protection has become widely topical in Nigeria particularly amongst legal practitioners leading to an array of seminars, conferences, as well as researches with a view to developing the jurisprudence on the subject matter. Unlike several of its western and a few of its African counterparts, Nigeria just had its first comprehensive data protection law which came into effect on 12th day of June 2023. However, before the Nigeria Data Protection Act (NDPA) came into force, the courts have played a role towards data protection or at least, towards privacy protection. This article enquires into the attitude of Nigerian courts towards data protection prior to the enactment of the NDPA 2023. The study employed a doctrinal methodology and an analytic approach in its discourse. The paper reviewed ten cases on data protection and privacy related matters and found that the attitude of the courts is mainly positive towards data protection in Nigeria. It recommended inter alia, the continued adoption of a human rights-based approach towards data protection matters.