The legal framework
Section 37 of the Constitution guarantees the privacy of citizens, their homes, correspondence and communications. The Nigeria Data Protection Act 2023 replaced the earlier regulation and established the Nigeria Data Protection Commission, with registration duties for major data processors and enforcement powers including remedial orders and penalties.
Key points
| Constitution | Section 37: privacy of homes, correspondence, telephone and telegraphic communications |
|---|---|
| Statute | Nigeria Data Protection Act 2023 |
| Regulator | Nigeria Data Protection Commission |
| Registration | Data controllers of major importance must register |
| Individual rights | Access, rectification, erasure, objection, portability |
| Remedy | Complaint to the Commission, and fundamental rights enforcement in the High Court |
| Fundamental rights procedure | Privacy claims can be brought under the expedited rules |
| Damages | Courts have awarded substantial sums for unlawful disclosure by banks and employers |
| Digital lending | Contacting a borrower's phone contacts has been penalised by the Commission |
In practice
- Send a written access request first: it forces the other side to disclose what it holds and creates a paper trail.
- Screenshot everything, with the date and the URL visible, before asking for removal.
- Complain to the regulator — it is free — and keep the reference number.
- Court action is the last step, and the limitation periods are short: take advice early.
- Use the fundamental rights procedure: it is faster and cheaper than an ordinary suit.
Recent changes
The 2023 Act put data protection on a statutory footing for the first time and created a standalone commission with enforcement powers.
Where to go
- Nigeria Data Protection Commission.
- Fundamental Rights (Enforcement Procedure) application to a High Court.
- Legal Aid Council of Nigeria.
Worth knowing
The Fundamental Rights (Enforcement Procedure) Rules make a privacy claim against a bank, employer or public body relatively quick and cheap — it is often faster than the regulator. Digital lending apps that harass a borrower's contacts breach both privacy and data protection law. The Commission has acted on this repeatedly.
Official sources and links
- Nigeria.gov.ng — official government portal