By Lillian Okenwa
“National security laws must protect national security. But they must also protect the public trust and preserve the ability of an informed electorate to hold its government to account,” said American comedian, politician, media personality, and author, Alan Stuart Franken.
With doubts over his credibility in superintending the data of nearly 200 million Nigerians following statements he made in the past in support of terror groups like Al-Qaeda and Taliban, as well as video clips showing him share extremist and inciting views, fears are escalating regarding the safety of Nigeria’s data under the Minister of Communications and Digital Economy, Dr Isa Pantami.
The minister who has evaded questions on his ties with any terror group, elected to talk about Nigeria’s lead in Africa on data protection and privacy at a recent event. But how protected and private data is in Nigeria will most likely unfold in the coming days as events play out.
Speaking at the 20th Anniversary Conference of National Information Technology Development Agency (NITDA), the Minister said other African countries are making reference to Nigeria’s Data Protection Regulation in the process of coming up with their draft.
Similarly, at a January event hosted by NITDA, the Dr. Pantami said data privacy struggle had achieved a lot for the country as its protection was enshrined in laws, bylaws and Acts of different institutions of government and the Constitution.
“Nigeria is committed to data privacy and protection as demonstrated in Section 37 of our Constitution. So far we have 99 per cent privacy of data ensured in Nigeria. Our data is protected and we are also glad to inform the international community and investors that their data is protected in Nigeria.
“That section says that the privacy of citizens, their homes, correspondences, telephone conversations and telegraphic communications are hereby guaranteed and protected. Data privacy law is also in the Act of NITDA 2007, the Nigerian Communications Commission Act of 2007, the National Identity Management Commission Act and the Nigerian Data Protection Regulation (NDPR) as the ultimate bylaw,” he said.
However, Dr. Sam Amadi, an Associate Professor and Head of Department at Baze University, Abuja, former Chairman of the Nigerian Electricity Regulatory Commission (NERC), Dr. Pantami has no basis to remain in office.
“The fact that he was appointed has shown how Buhari has destroyed the integrity of the country. Why should somebody of that pedigree be appointed a minister and head the communications sector. Somebody that was sacked by Abubakar Tafawa Balewa University over his incendiary religious speech?
“Now that the issue has come out, he should have resigned, and as long he remains there nobody should trust the Nigerian Communications anymore.”
On the issue of data protection under his watch, Amadi said: “That’s why we are advocating that he should be removed because nobody can trust the system.”
Andrea Brigaglia, in his contributing paper to ‘Debating Boko Haram,’ documented how some clerics in Northern Nigeria, including Pantami, and late Sheikh Ja’afar Adam, who was assassinated at his mosque in 2007 in the northern city of Kano, created mass support for Jihadism in Nigeria. It was titled ‘The ‘Popular Discourses of Salafi Counter-Radicalism in Nigeria’ Revisited: A Response to Abdullahi Lamido’s Review of Alexander Thurston, Boko Haram.’
Pantami, despite substantial evidence showing his past extremist views, in an interview with Premium Times, said the allegations were untrue. He claimed it was being peddled by forces against the Federal Government’s policy of compulsory national identity registration for all Nigerians and those residing in the country.
“I have no doubt about this. It has to do with the National Identification Number. Do you know one thing? This policy was started in 2011, it was not successful. Why? It was fought,” he said.
The minister has since acknowledged some of his past extremist teachings but claimed he has changed his views.
While doubts are still being raised over data protection under the present circumstances, perhaps some reassurances could be found in a September 2020 commentary by Uche Val Obi, SAN, titled: An Extensive Article on Data Privacy and Data Protection Law in Nigeria, published by inplp.com (International Network of Privacy Law Professionals). The Senior Advocate in that article commended the establishment of NITDA Regulation describing it as the most elaborate attempt by Nigeria to codify the private right to data and its protection.
“What this portends is that it provides confidence to all stakeholders, local and foreign, who seek to invest and do business in Nigeria that it has data laws comparable to any in the world. It represents an important step towards keeping abreast with the digital revolution and a stamp of approval for the value of safeguarding digital rights within Nigeria. Nigeria’s technological advancement is perennially on an upward trajectory and the net effect of embracing a comprehensive data privacy and protection regime will manifest in a number of positive ways, some of which we have attempted to highlight in the paragraphs that follow.”
On Upholding and Guaranteeing the Right to Privacy, he held that: “The adoption of a data privacy and protection legislation is an acknowledgement of the right of persons to preserve those rights as guaranteed under the Nigerian constitution. This promotes information exchange and development of our digital economy space.”
Likewise, Francis Ololuo in an article: Nigeria: Data Privacy And Protection Under The Nigerian Law, published in February 2020 by mondaq.com observed that:
“Despite being a huge step in the right direction, the NDPR is not without criticism. The regulation solely ‘applies to all transactions intended for the processing of personal data and to actual processing of personal data… and to natural personsresiding in Nigeria or residing outside Nigeria but of Nigerian descent.’ The NDPR applying solely to personal data and natural persons means the regulation excludes other forms of data and corporate organisations respectively.
“Furthermore, some quarters believe the NDPR being a regulation and not a statute enacted by the National Assembly lacks the requisite force of law sufficient for addressing such an important subject. Some also believe the NITDA is not empowered by law within the ambit of Section 6 of the NITDA Act to make such a regulation.”
All said, with the diverse revelations that have emerged in the last few days portraying the minister as a religious fundamentalist, the safety of data belonging to millions of Nigerians in his custody remains worrisome.
Even more worrisome is statement credited to a former Assistant Director with the Department of State Services, Dennis Amachree, who said the secret police informed Federal Government and the National Assembly of the past radical pro-Taliban views of embattled Minister of Communications and Digital Economy, Isa Pantami, before his confirmation as minister in 2019.
