A Federal High Court in Lagos has adjourned hearing to September 25, 2024, in a suit filed by award-winning journalist and publisher of the online newspaper BONews, Ms Blessing Oladunjoye, challenging the refusal of the Federal Institute of Industrial Research Oshodi (FIIRO) to disclose details of its data protection policies that she requested pursuant to the Freedom of Information (FOI) Act.
Section 4.1(1) of the National Information Technology Development Agency (NITDA) Act mandates all Nigerian organizations controlling personal data to publicly disclose their data protection policies within three months of the Nigeria Data Protection Regulation, 2019 issuance.
The legal action commenced after Kashifu Inuwa Abdullahi, the Director General/CEO of the National Information Technology Development Agency (NITDA), signed the Nigeria Data Protection Regulation (NDPR) in January 2019 under the NITDA Act. Section 4.1(1) of this act requires all Nigerian organizations that manage personal data to publicly disclose their data protection policies within three months of the regulation’s issuance.
In response to this mandate, Ms. Oladunjoye submitted a Freedom of Information (FOI) request to the Federal Institute of Industrial Research, Oshodi (FIIRO) on October 26, 2020, in accordance with the provisions of the FOI Act, 2011. However, when FIIRO failed to respond, legal action ensued.
On March 1, 2022, Mr. Owolabi Dawodu, a Lagos-based lawyer and member of Media Rights Agenda’s network of lawyers, filed a lawsuit on behalf of Ms. Oladunjoye against the Federal Institute of Industrial Research, Oshodi (FIIRO) and its Director-General. The lawsuit sought a court declaration that the institution’s failure to grant access to the information requested by Ms. Oladunjoye violated her right to information, as guaranteed under Sections 1(1) and 4 of the Freedom of Information (FOI) Act.
Ms. Oladunjoye requested the court to compel FIIRO to provide several specific pieces of information. These included copies of all data protection policies issued in compliance with the NDPR 2019, the name and contact details of FIIRO’s Data Protection Officer, and details of all capacity-building training or other activities for personnel involved in data processing since the issuance of the NDPR 2019. Additionally, she sought the number of individuals whose personal data FIIRO processes annually.
Furthermore, Ms. Oladunjoye requested a detailed audit report of FIIRO’s privacy and data protection practices. This report was to include the personally identifiable information collected on employees and the public, the purpose of collecting such information, notices given to individuals about the collection and use of their personal information, opportunities for individuals to amend or delete their information, methods for obtaining consent, and policies ensuring the security and proper use of personal information. She also asked for procedures for monitoring and reporting privacy violations and assessing the impact of technologies on privacy and security policies.
Additionally, Ms. Oladunjoye requested the court to order FIIRO and its Director-General to compensate her with ₦1,000,000.00. This amount was sought as exemplary and aggravated damages for the institution’s unlawful violation of her right to access information. She argued that FIIRO’s refusal to provide the requested information not only breached her legal rights under the FOI Act but also demonstrated a blatant disregard for transparency and accountability.
On March 7, 2024, at the Federal High Court presided over by Justice Daniel Emeka Osiagor, Ms. Oladunjoye, represented by Mr. Monday Arunsi, Esq., was instructed to serve a hearing notice to FIIRO and its Director-General, who were absent and unrepresented in court. The court initially scheduled the hearing and adoption of the filed processes for June 10, 2024. However, the court did not sit on that date and the case was adjourned to July 9, 2024.
On July 9, 2024, the court again, did not sit because the presiding judge was attending a maritime seminar for judges in Abuja. As a result, the case faced another adjournment. The hearing of the substantive suit was subsequently rescheduled for September 25, 2024.
