The judiciary is not a bystander in the digital revolution. It is an active participant, shaping the frameworks that govern the digital age,”
— Dr. Maida
By Abdulrahman Aliagan, Abuja.
As Nigeria marches towards becoming a fully digitized economy, the role of the judiciary in shaping the legal frameworks governing this transformation has become increasingly crucial. This was the focus of the 2024 Annual Workshop for Judges on Legal and Regulatory Issues in the Communications Industry, held at the Sheraton Hotel, Ikeja, Lagos, on November 5, 2024.
The workshop, organized by the Nigerian Communications Commission (NCC) in collaboration with the National Judicial Institute (NJI), brought together judicial officers, policymakers, and experts to deliberate on the theme: “The Role of the Judiciary in Accelerating Digital Transformation in Nigeria.”
Dr. Aminu Maida, the Executive Vice Chairman and CEO of the NCC, delivered a thought-provoking welcome address, emphasizing the judiciary’s indispensable role in Nigeria’s digital revolution.
Dr. Maida began by highlighting the NCC’s mandate under the National Communications Act of 2003, which includes establishing a regulatory framework for Nigeria’s communications sector and promoting accessible, reliable, and affordable services. According to him, the commission’s efforts are the backbone of the country’s digital transformation.
“Our telecommunication infrastructure forms the bedrock of digital services across various sectors of the economy,” he said. “Safeguarding this infrastructure is essential for sustaining a truly digital economy.”
Dr. Maida pointed out the threats to telecommunications infrastructure, including vandalism, theft, and fiber cuts caused by construction activities. These disruptions, he said, have long hindered the industry’s ability to deliver seamless connectivity.
In a significant stride towards addressing these challenges, President Bola Ahmed Tinubu signed a Presidential Order in July 2024, designating all telecommunications infrastructure as Critical National Information Infrastructure. This policy, Dr. Maida noted, was made possible through NCC’s persistent advocacy and collaboration with the Office of the National Security Adviser (ONSA) and the Federal Ministry of Communications and Digital Economy.
The Order prohibits unauthorized access, damage, or tampering with telecommunications assets, empowering the judiciary to impose sanctions that deter such offenses. Dr. Maida emphasized the judiciary’s pivotal role in interpreting and enforcing this framework, ensuring the protection of these critical assets.
“Your Lordships may soon encounter cases involving violators of this Order. We trust the judiciary to uphold the rule of law, serving as a deterrent to criminal activity,” he said.
As digital technologies redefine the fabric of Nigerian society, Dr. Maida underscored the judiciary’s active participation in this transformation. He outlined four key areas where judicial involvement is critical.
1. Protecting Fundamental Rights: Safeguarding privacy, freedom of expression, and access to information while balancing security and order.
2. Enforcing Digital Contracts: Resolving disputes related to e-commerce, intellectual property, and other digital transactions.
3. Developing Digital Jurisprudence: Adapting existing laws to emerging technologies, creating a body of law to guide stakeholders.
4. Promoting Innovation: Providing a stable legal framework that fosters technological investment and development.
“The judiciary is not a bystander in the digital revolution. It is an active participant, shaping the frameworks that govern the digital age,” Dr. Maida affirmed.
Dr. Maida expressed optimism that the workshop would enhance the judiciary’s capacity to navigate the complexities of the digital era. He also praised the NJI for its partnership in organizing the event and providing a conducive atmosphere for intellectual exchange.
“This workshop underscores the importance of collaboration between the judiciary and regulatory agencies like the NCC,” he said. “A functional digital economy relies on investor and consumer confidence, which is impossible without the rule of law.”
In his concluding remarks, Dr. Maida envisioned a future where Nigeria’s judiciary leads in fostering digital justice. By leveraging technology and adapting legal principles to digital realities, the judiciary can ensure that the benefits of digital transformation reach all Nigerians.
The 2024 Judges Workshop served as a vital platform for advancing this vision, equipping judicial officers with the tools and knowledge to adjudicate effectively in a rapidly evolving digital landscape.
