With $2.7 billion (about $12 per person) spent on surveillance Infrastructure between 2013 and 2022, Nigeria became Africa’s biggest user of surveillance Technology during that time. The government purchased equipment to monitor social media, intercept mobile and internet traffic, and gather biometric information. Some monitoring operations are warranted in the fight against Cybercrime and terrorism, but their use to stifle dissent and violate fundamental rights has drawn criticism. For example, people and activists experienced digital persecution and surveillance during the 2020 #EndSARS demonstrations.
This brought to light a concerning pattern of government abuse of surveillance techniques to harass, intimidate, and detain opponents. One such instance is the imprisonment of Journalist Muktar Dahiru for a critical Social Media post. Press freedom and civil liberties are at risk because of these measures. The necessity of adjustments to lessen the dangers of unrestricted surveillance is emphasised in the report. Stronger Data Privacy regulations, distinct legal limits on spying, and independent oversight bodies are among the suggestions. It is recommended that educational institutions and Civil Society organisations raise knowledge of data privacy rights and digital literacy.
NDPR is devoid of comprehensive measures on state monitoring.
The Nigerian Data Protection Regulation should also be examined and strictly enforced, with severe consequences for infractions. To guarantee adherence to legal requirements and safeguard citizens’ rights, surveillance procedures should be supervised by an open, impartial entity. Introduced in 2019, the Nigeria Data Protection Regulation (NDPR) is the main data protection law in Nigeria. Its objectives include protecting data privacy, enforcing organisational compliance, and penalising violations. However, the regulation is devoid of comprehensive measures on state monitoring, independent oversight, and strong enforcement mechanisms.
For instance, neither the NDPR nor the avenues for persons to contest unlawful surveillance explicitly define the boundaries of government monitoring operations. The Nigeria Data Protection Regulation (NDPR) of 2019 serves as the main basis for Nigeria’s data privacy regulations, which offer a fundamental approach to data protection. Nevertheless, there are no independent monitoring bodies, robust enforcement mechanisms, or clear clauses restricting government surveillance in the NDPR. This is in contrast to other African nations with more comprehensive and strong privacy regulations, such as South Africa and Kenya.
Use of surveillance to stifle dissent has been revealed by journalists.
One of Africa’s most sophisticated privacy laws is the Protection of Personal Information Act (POPIA) in South Africa. It creates a specific regulatory body, the Information Regulator, to monitor adherence and guarantee enforcement. POPIA lays out the duties of data controllers and processors as well as the rights of data subjects in detail. Additionally, it provides people who have had their privacy invaded with more robust legal recourse. Nigeria’s NDPR, in contrast, is less thorough and places greater emphasis on organisational compliance than individual rights.
Similar to South Africa’s Information Regulator or Kenya’s Data Commissioner, the NDPR does not create a specific regulatory agency. The absence of clear legislative safeguards against the abuse of surveillance technologies by the government is also still a major weakness in Nigeria’s system. The use of surveillance to stifle dissent has been brought to light by Nigerian journalists and activists. For example, journalists who have criticised the administration have been arrested after their contacts were monitored. Free expression is stifled by this environment, which also deters civic participation and restricts press freedom.
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In Nigeria, civil society organisations are essential to the advancement of digital literacy. Nigerian efforts could be influenced by successful international models, such as initiatives run by Kenya’s KICTANet and India’s Internet Freedom Foundation. These efforts inform citizens on their rights to digital privacy and how to defend themselves against illegal surveillance through workshops, online materials, and public lobbying. Nigeria must improve public awareness campaigns, address judicial oversight, fortify data privacy laws, and promote accountability and transparency. Nigeria may ensure a more democratic and open governance model by filling these loopholes and striking a balance between the preservation of fundamental rights and Security requirements.