Digital Transformation: Maida, Kekere-Ekun Speak At NCC’s Annual Workshop for Judges in Lagos

Welcome Address Delivered at the 2024 Edition of the Judges Workshop at Sheraton Hotel Ikeja, Lagos  

By  

Dr Aminu Maida

Executive Vice Chairman/CEO of The Nigerian Communications

Commission (NCC)  

Protocols

I am pleased to welcome you to the 2024 edition of our Annual Workshop for Judges on Legal and Regulatory Issues in the Communications Industry, organized by the Nigerian Communications Commission (NCC) in collaboration with the National

Judicial Institute (NJI).  

This year’s theme, “The role of the judiciary in accelerating digital transformation in Nigeria” is especially fitting, given the urgency of scaling up digital transformation across Nigeria, as well as the importance placed by the government on improving coordination and synergy among key stakeholders to achieve more beneficial outcomes on its policies.

I am delighted by this opportunity to forge deeper partnership and understanding between the NCC and the judiciary, with the goal of advancing Nigeria’s digital transformation.

Over the course of this workshop, subject matter experts will provide valuable insights to further support the judiciary in fulfilling its vital role within our democratic framework, especially as it relates to the evolving landscape of digital technologies and communication practices.

For my opening remarks, I would like to set the stage by speaking on the role the Commission is playing in the digital transformation of Nigeria by providing the backbone of our connectivity, while emphasizing our commitment to building enduring partnerships across government, including – and especially with – the judiciary.

Our mandate at the Nigerian Communications Commission, 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.  

You will agree with me that we cannot guarantee a truly digital economy without being able to adequately protect this telecommunication infrastructure that underpins the digital economy. I am aware, as you all are, of the extent to which the judiciary today depends on digital tools and technologies to carry out its functions. Much of the work that you do as Judges has been transformed over time by the introduction of technology, commendably improving the pace and quality of the delivery of justice in Nigeria.

So, clearly, no sector of national life is left out of the digital transformation conversation. It impacts all of us.  

Increasingly over the years, telecommunication infrastructure has suffered from disruptions due extensive damage from vandalism and theft, fiber cuts by construction companies to mention a few, and even restricted access that prevents operators from servicing critical infrastructure. The industry has long called for special protections to be accorded to these assets to ensure continuous connectivity and reliable communication services.

Drawing from the powers granted under the Cybercrimes Act of 2024 to designate what may be characterized as Critical National Information Infrastructure, President Bola Ahmed Tinubu, in July 2024, signed a Presidential Order that designates all telecommunications infrastructure as Critical National Information Infrastructure. This pivotal advancement for our industry was achieved through the NCC’s proactive advocacy and strategic collaboration with key stakeholders, including the Office of the National Security Adviser (ONSA) and the Federal Ministry of Communications and Digital Economy.

With this Presidential Order, Nigeria now has a comprehensive policy framework to protect vital telecommunication assets—from base stations and data centers to fiber optic cables. This framework strengthens our ability to decisively confront issues such as vandalism, illegal tampering, and preventing access to communications infrastructure, holding violators accountable to deter future offenses.

Under this Order, individuals, organizations, or even government agencies are prohibited from sealing, removing, or damaging telecommunications infrastructure without a lawful court order.

We anticipate that the courts may occasionally receive requests for orders to grant exceptions to the protections afforded to these Critical National Information Infrastructures. During this workshop, we aim to provide insights that will support judicial discretion in evaluating such requests.

The Office of the National Security Adviser, which plays a central role in coordinating the operationalization of the Presidential Order, has already begun stakeholder consultations and meetings to facilitate immediate implementation. It is likely that, in the near future, vandals, thieves, and others who breach this Order’s provisions will be brought before your courts.

We trust that with a deeper understanding of the harm and disruption caused by such actions, the judiciary will impose appropriate sanctions to serve as strong deterrents against criminal activity.

This workshop will serve as a platform for the Commission to share insights into the workings of the Critical National Information InfrastructurePresidential Order, its significance, and the crucial role of the judiciary in bringing the Order’s provisions to life, ultimately supporting the accelerated digital transformation that will drive our nation forward.

Your Lordships, distinguished guests, ladies and gentlemen, ensuring and regulating Nigeria’s digital transformation is not a task that the NCC can fulfil alone. It involves strategic collaboration with key partners, and the judiciary remains one of our most important  stakeholders in this regard.  A functional digital economy is built on investor and consumer confidence, which are impossible in the absence of  the rule of law – a critical element that is supplied by the judiciary.  

As the digital landscape continues to evolve at an unprecedented pace, the judiciary stands as a vital pillar in shaping a present and a future where technology serves humanity. The judiciary is not simply a bystander observing the digital revolution; instead, it is an active participant, playing a continuous role in shaping the legal frameworks that govern this new technological era. The judiciary’s ability to adapt and evolve alongside technological advancements is paramount to ensuring that the benefits of digital transformation are accessible to all, while mitigating potential risks.

As the digital age advances, 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.  

Nigerians are eager to see a new chapter of digital justice, where the roles played by the judiciary are effectively translated and adapted into online contexts, as follows:  

On that note, let me express my strong optimism that this workshop will enrich the development of communications law in Nigeria, and produce outcomes that will be of immense benefit to all stakeholders.  

Permit me to briefly take a moment to express our profound gratitude to the National Judicial Institute (NJI), our valued collaborators in delivering this workshop, as well as our host. Thank you for ensuring a  most conducive atmosphere for your Lordships to brainstorm, exchange learning and insights, and enhance professionalism.

Your Lordships, we look forward to hearing and learning from you, from your wealth of knowledge and experience. I assure you that every view expressed here will be respected and valued.

Distinguished guests, participants, members of the press, ladies and gentlemen, I thank you all for your time, and wish you productive deliberations.  

Dr Aminu Maida

November 5, 2024

KEYNOTE ADDRESS DELIVERED BY THE HONOURABLE, THE CHIEF JUSTICE OF NIGERIA AND CHAIRMAN, BOARD OF GOVERNORS OF THE NATIONAL JUDICIAL INSTITUTE, HON. JUSTICE KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, GCON, FNJI, AT THE OPENING CEREMONY OF THE 2024 NATIONAL WORKSHOP FOR JUSTICES AND JUDGES ON LEGAL ISSUES IN TELECOMMUNICATIONS, ORGANISED BY THE NIGERIAN COMMUNICATIONS COMMISSION (NCC) IN COLLABORATION WITH THE NATIONAL JUDICIAL INSTITUTE (NJI), HELD AT THE SHERATON HOTEL, IKEJA, LAGOS ON 4 NOVEMBER 2024

PROTOCOL:

It gives me great pleasure to be in your midst and to address you all at the 2024 National Workshop for Justices and Judges on Legal Issues in Telecommunications, organized by the Nigerian Communications Commission in collaboration with the National Judicial Institute. Over the years, this engagement has contributed to the expansion of the knowledge base of Judicial Officers with regards to emerging issues in the Telecommunications Sector. Doubtless, this positive impact is evident in the enhancement of the skills and capacity of judicial officers who have participated in previous editions of the Workshop.

My Lords, Distinguished Participants, Ladies and Gentlemen, in view of recent developments in the sector, I believe the theme of this year’s Workshop which is THE ROLE OF THE JUDICIARY IN ACCELERATING DIGITAL TRANSFORMATION IN NIGERIA could not have come at a better time.There is no gainsaying the fact that, the deployment of technology in telecommunications plays a pivotal role in the advancement and enhancement of the economic system of any country and invariably stands as adriving force towards globalization. However, considering the fact that this Workshop primarily seeks to highlight and proffer solutions to legal issues in telecommunications, I will like to quickly bring our attention to two issues which I consider to be pivotal and which revolve around cyber security and the attendant challenges of exploring the digital space.

The first is the increased risk of the personal data of consumers being misused or compromised by unscrupulous persons, thus necessitating the need for improved strategies and innovation for consumer protection in theTelecommunications Sector. Also, worth noting are deficiencies in the Banking Sector and which are attributable to reliance on digital services provided by the Telecommunications Sector. There is for instance the major challenge posed by electronically backed transactions which is common place in the Banking Sector.Concerns in this regard include the spate of customers whose online banking platforms have been hacked, as well as banks being compromised due to technological glitches not factored into their day to day operations. Consequently, these and several other challenges have resulted in a number of disputes which frequently require adjudication.

Ultimately, I am hopeful that this Workshop will avail Participants the opportunity to deliberate on current challenges confronting the Telecommunications Sector and to cross-fertilize ideas on the viable options and strategies to address these issues. It is also my expectation that the forum will equip Judicial Officers with the technical skills required for adjudicating disputes arising from the Sector and keep them abreast with global standards and best practices. Additionally, given the far-reaching impact of technology on every Sector and the urgency of embracing and adopting technological innovations in our various endeavors, I am confident that this engagement will offer insights into the immense benefits of digital transformation to both the Judiciary and indeed the Telecommunications Sector. Lastly and in conformity with the theme, I also believe the specific role of the Judiciary in expediting the said transformation will be spotlightedcommunicated in a concise manner.

Finally, I must commend the Nigerian Communications Commission for its assiduous efforts at protecting consumers from unfair practices by service providers. I wish to assure you that the Nigerian Judiciary is committed to the development of the Telecommunications Sector and as such, we will continue to ensure coherence in the interpretation of the relevant laws as well as transparency and efficiency in the dispensation of justice. I have no doubt that through our combined efforts, we will be able to secure and bolster the confidence of both investors and stakeholders in the Sector.

My Lords, Distinguished Participants, ladies and gentlemen, at this point, I wish to recognize and appreciate the relentless efforts of the Chairman of the Education Committee of the National Judicial Institute, My Brother, Hon. Justice John Inyang Okoro, CFR, JSC, in putting together the curriculum and content of the Institute’s programmes.

I must also thank the Administrator of the National Judicial Institute, Hon. Justice Salisu Garba Abdullahi, the Executive Vice Chairman and Chief Executive Officer of the Nigerian Communications Commission, Dr. Aminu Maida, and their team for ensuring the seamless organization of this engagement. Lastly, I wish to appreciate our Moderators, Resource Persons and Discussants who have agreed to share their knowledge and experience with us at this Workshop. I have gone through the programme of events and I find the topics slated for discussions to be both topical and beneficial. I therefore urge you all to pay rapt attention, contribute meaningfully, and utilize this opportunity to update your knowledge in this unique area of the law.

My Lords, Distinguished Participants, Ladies and Gentlemen, it is now my singular honour to declare open the 2024 National Workshop for Justices and Judges on Legal Issues in Telecommunications.

I thank you all for listening and I wish you fruitful and rewarding deliberations.

Hon. Justice K.M.O. Kekere-Ekun, GCON

Chief Justice of Nigeria and Chairman, Board of Governors,

National Judicial Institute