NCC, Judiciary’s collaboration will advance digital transformation, improve justice system ─Maida

*Dr. Aminu Maida, Executive Vice-Chairman/CEO of the Nigerian Communications Commission, stresses the significance of improving coordination and synergy among key stakeholders, including the Judiciary, to achieve more beneficial outcomes on government policies and digital transformation

Gbenga Kayode | ConsumerConnect

The Nigerian Communications Commission (NCC) has emphasised the significance of improving coordination and synergy among key stakeholders, including the Judiciary, to achieve more beneficial outcomes on government policies and digital transformation in the country.

ConsumerConnect reports Dr. Aminu Maida, Executive Vice-Chairman/Chief Executive Officer (EVC/CEO) of NCC, stated this Tuesday, November 5, 2024, in his Welcome Address at the 2024 Edition of the Annual Workshop for Judges on Legal and Regulatory Issues in the Communications Industry.

ConsumerConnect reports the telecoms sector regulatory Commission in collaboration with the National Judicial Institute (NJI) organised held at the Sheraton Hotel, Ikeja, in Lagos.

The theme of this year’s workshop is: “The role of the judiciary in accelerating digital transformation in Nigeria”.

In his address, Dr. Maida stressed the significance of improving coordination and synergy among key stakeholders to achieve more beneficial outcomes on Nigerian Government policies.

He noted this especially crucial in view of the urgency of scaling up digital transformation across the West African country.

The EVC/CEO also said: “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.

Maida harped on how experts would provide valuable insights to further support the Nigerian Judiciary in fulfilling its vital role within the country’s democratic framework vis-a-vis the evolving landscape of digital technologies and communication practices.

Role of NCC in accelerating innovation, digital transformation

The NCC highlighted the role the Commission in the digital transformation of Nigeria to include provision of the backbone of the country’s connectivity.

Maida equally emphasised the NCC’s commitment to building enduring partnerships across government, including – and especially with – the Judiciary.

The EVC/CEO of NCC explained: “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.”

He as well acknowledged the extent to which the Judiciary, in modern times, depends on digital tools and technologies to perform its functions in the Nigerian economy.

“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,” Maida stated.

On protection of critical national information infrastructure

In regard the importance of safeguarding the country’s critical digital infrastructure, Maida averred the stakeholders could not guarantee a truly digital economy without adequately protecting the telecommunications infrastructure that underpins the digital economy.

He further reminded the participants that over the years, telecommunications infrastructure has suffered from disruptions due extensive damage from vandalism and theft, fiber cuts by construction companies, among others.

Besides, restricted access that prevents operators from servicing critical infrastructure is yet another constraint in the telecoms ecosystem.

He, therefore, urged the industry stakeholders to support the call for special protections to be accorded to these critical assets to ensure continuous connectivity and reliable communication services in the country.

Maida recalled that in drawing from the powers granted under the Cybercrimes Act of 2024 to designate what may be characterised as Critical National Information Infrastructure, President Bola Ahmed Tinubu, July 2024, signed a Presidential Order that designates all telecommunications infrastructure as Critical National Information Infrastructure (CNII).

“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, Innovation and Digital Economy,” he noted.

Application of Presidential Order to protect CNII

According to NCC, with this Presidential Order, the country now has a comprehensive policy framework to protect vital telecommunication assets—from base stations and data centres to fiber optic cables.

He said: “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 offences.

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

Central roles of ONSA, Judiciary in activating Executive Order

Maida said: “We anticipate that the courts may occasionally receive requests for orders to grant exceptions to the protections afforded to these Critical National Information Infrastructure.”

He noted that the workshop would offer invaluable insights that would support judicial discretion in evaluating such requests for application of the Presidential Order in this regard.

The EVC/CEO also disclosed the Office of the National Security Adviser (ONSA), which plays a central role in coordinating the operationalisation 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,” he stated.

He projected that the recent workshop would serve as a platform for the Commission to share insights into the workings of the Critical National Information Infrastructure Presidential 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.

Emphasising that ensuring and regulating Nigeria’s digital transformation is not a task that the NCC can fulfil alone, Maida noted the task “involves strategic collaboration with key partners, and the judiciary remains one of our most important  stakeholders in this regard.”

According to him, 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.

Maida said: “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.”

He also stressed the Nigerian 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.

He explained 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.

Maida added: “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,” particularly in respect of protecting fundamental rights, enforcing digital contracts and resolving disputes, developing digital jurisprudence, and promoting innovation in the economy.

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