Court Affirms NDPC's Authority to Register Data Controllers

The Federal High Court of Nigeria ruled in favor of the Nigeria Data Protection Commission (NDPC) in the case of Emmanuel Harunna Vs NDPC (FHC/L/CS/1116/2024), confirming the Commission's authority to register Data Controllers and Processors of Major Importance (DCPMIs). The applicant, Emmanuel Harunna, sought a declaration that a Point of Sale Agent is not a Data Controller or Processor of Major Importance under the Nigeria Data Protection Act and requested a perpetual injunction against the Commission's registration of these agents.

Justice F.N. Ogazi analyzed the Guidance Notice on Registration and relevant sections of the Nigeria Data Protection Act, 2023, concluding that the NDPC acted within its statutory powers.

The court emphasized that the Act promotes accountability, transparency, and responsible data governance. Following the judgment, Babatunde Bamigboye, Head of Legal Enforcement and Regulations at NDPC, expressed appreciation for the advancement of data accountability jurisprudence.

Dr Vincent Olatunji, NDPC's National Commissioner and CEO, directed all DCPMIs to register immediately to avoid legal liabilities.