The Nigeria Data Protection Commission has directed all Data Controllers and Data Processors of Major Importance yet to register with the commission to do so immediately following a Federal High Court judgment affirming its statutory powers to designate and register such entities.
The directive was contained in a statement issued on Tuesday by the Head of Legal, Enforcement and Regulations at the NDPC, Babatunde Bamigboye, who described the judgment as a major milestone for data accountability and regulatory oversight in Nigeria.
The commission said the ruling arose from a suit filed by Emmanuel Harunna against the NDPC in Emmanuel Harunna v. NDPC (FHC/L/CS/1116/2024), in which the applicant sought a declaration that Point of Sale agents were not Data Controllers or Processors of Major Importance under the Nigeria Data Protection Act and requested a perpetual injunction restraining the commission from registering them.
According to the statement, Justice F.N. Ogazi examined the commission’s Guidance Notice on Registration alongside Sections 5(d), 6(c), 44, 45 and 65 of the Nigeria Data Protection Act before concluding that the commission acted within its statutory powers in designating entities under the Major Data Processing – Ordinary High Level category as Data Controllers and Processors of Major Importance.
