E-Business
Court Grants PIN, PPDC Leave to Sue NIMC over Information on National ID Card Contract
A Federal High Court in Abuja has granted two non-governmental organizations leave to challenge the refusal of the National Identity Management Commission (NIMC) to provide them with the procurement records and details of the contract between the Commission and MasterCard for the payment solution contained in the new multipurpose national identity card.
Justice Evoh Chukwu issued an order granting leave to the two organizations, Paradigm Initiative for Information Technology Development (PIN) and Public and Private Development Centre (PPDC), following a motion exparte brought on their behalf by Mr. Terence Vembe, a member of the Network of Freedom of Information Lawyers.
In the suit, which they filed against the NIMC; its Director-General, Mr. Chris Onyemenam; and the Attorney-General of the Federation, PIN and PPDC are seeking:
• A declaration that the failure and/or refusal of the NIMC and its Director-General to disclose or make available to them the information they requested by their letters dated September 4 and November 25, 2014 constitutes a violation of their right of access to information established and guaranteed by Sections 1(1) and 4 of the Freedom of Information Act, 2011;
• A declaration that the failure and/or refusal of the NIMC and its Director-General to disclose or make the information they requested available to them amounts to wrongful denial of access to information under Section 7(4) and (5) of the FOI Act;
• An order of mandamus compelling the NIMC and its Director-General to disclose or make available to them the procurement and Contract/Agreement records for the provision of payment solutions by MasterCard for the General Multipurpose Card, particularly all the information listed and requested by them in their letters of September 4 and November 25, 2014; and
• An order of mandamus compelling the Attorney-General of the Federation to initiate and diligently prosecute criminal proceedings against the NIMC and its Director-General for the offence of wrongful denial of access to information pursuant to Section 7(5) of the FOI Act.
In the alternative, the organizations are asking for an order of mandamus compelling the Attorney-General of the Federation to grant them or any lawyer of their choice a fiat to initiate and prosecute criminal proceedings against the NIMC for the offence of wrongful denial of access to information.
They are also claiming the sum of N1 million as exemplary and aggravated damages for the unlawful violation of their right of access to information.
PIN and PPDC alleged in their suit that the NIMC and the Federal Government have formed a partnership with MasterCard under which they would impose a new identity card on every Nigerian and compel all Nigerians to participate in the financial services sector under the control of MasterCard, a foreign multinational financial services corporation headquartered in New York in the United States.
According to them, under the first phase of the programme, all Nigerians who are 16 years and older and all residents in Nigeria for more than two years will have imposed on them, the new multipurpose identity card which has 13 applications, including MasterCard’s prepaid payment technology that will impose electronic payments solutions on the card holders while the card is also expected to serve as voting card in Nigeria as early as the 2019 general elections.
PIN and PPDC are alleging that with the card, the Federal Government can terminate citizens’ and other card holders electronic financial lifelines if anything were to happen within the country, for example in the form of protests, economic downturns, insurrection, a war or if a financial institution such as MasterCard were to go bankrupt.
They also expressed the fear that there are many other reasons why the Federal Government or MasterCard can decide to turn off the electronic chip (RFID) of the card, which would render card holders stranded, especially with the existence of a powerful financial institution issuing payments electronically with a government that is supported and controlled by the United States, which would make unlimited control of the populace inevitable.
After listening to the submissions of Mr. Vembe, lawyer to PIN and PPDC, at the hearing of the motion exparte on Monday, March 30, Justice Chukwu granted the organizations’ prayers for an extension the time within which they could sue the NIMC and also granted them leave to apply for a judicial review of the NIMC’s refusal to provide them with the information they requested.
Justice Chukwu thereafter adjourned the proceedings to April 21, 2015 for hearing of the substantive suit.
E-Business
Data Commission, NAICOM Partner to Safeguard Data in Insurance Industry
Nigerian Data Protection Commission (NDPC) and National Insurance Commission (NAICOM) have signed a Memorandum of Understanding (MoU) to protect data pilfering in the insurance industry.
The agreement was finalised on Friday and aims to address critical concerns around data privacy and ensure that the insurance sector complies with global best practices in data management.
Some of the objectives of a MoU include training and capacity building to enhance awareness and skills in data protection, setting up specialized clinics to address data protection concerns and provide guidance; conducting compliance activities by regularly, monitoring and enforcing compliance with data protection regulations and educating insurance companies on the importance of data protection and the benefits of adhering to best practices.
Mr Olusegun Ayo Omosehin, commissioner for Insurance/ chief executive officer, NAICOM, said, “The collaboration marks a significant milestone in safeguarding the personal data of insurance policyholders and promoting trust in the insurance sector”.
To ensure the effective implementation of the Memorandum of Understanding (MoU), an Implementation Committee will be established.
This committee will comprise representatives from the 2 agencies, as well as other key industry associations, including the Nigerian Insurers Association (NIA) and the Nigerian Council of Registered Insurance Brokers (NCRIB).
The committee’s primary responsibility will be to monitor progress, provide guidance, and facilitate collaboration among stakeholders to guarantee the successful execution of the MoU.
Officials from both NAICOM and NDPC have expressed confidence in the partnership’s potential to strengthen data privacy frameworks within the insurance sector.
They noted that the initiative would boost public confidence, enhance compliance, and position the sector for greater innovation and credibility.
This collaboration is expected to pave the way for a more secure and trustworthy insurance landscape in Nigeria, ensuring the protection of personal data while fostering the industry’s growth.
E-Business
NDPC to Begin Prosecution of Data Privacy Offenders from 2025
Nigeria Data Protection Commission (NDPC) will start prosecuting data privacy offenders from the beginning of 2025, according to Babatunde Bamigboye, head of the Legal Enforcement and Regulation Department of the commission.
This move is part of its efforts to enforce regulations and promote responsible data handling in Nigeria.
Bamigboye, disclosed this during a one-day cybersecurity awareness campaign with the theme “Utilising AI-Powered Services for Proactive Cybersecurity” in Abuja.
The event was organised by SOPHOS UK in collaboration with SPOKES Network and Net-Trix Solutions to foster networking with industry experts on how AI is shaping the future of cybersecurity.
Bamigboye explained that, due to the significant implications of data privacy breaches in Nigeria, the commission has embarked on awareness programmes to educate individuals on their data protection rights and inform data processors and controllers of their obligations.
To this end, he announced that beginning next year, the commission would prosecute any data controllers or processors found in breach of the law.
“At this moment, we have investigated quite a number of cases, and in terms of prosecution—as you know, as a lawyer, this means going to court—but we haven’t taken any matters to court yet.
“This is the formative stage; we understand the implications for the country as a whole. And usually, when you talk about prosecution, it also involves some criminal activities. So, at this moment, our focus has been on creating awareness.
“But from next year, we will step up enforcement in this area. What we have done so far is to take remedial actions against certain data controllers and processors who defaulted under the Act,” he noted.
He assured investors that Nigeria’s cyberspace is secure for digital transactions.
“Nigerian cyberspace is safe; otherwise, we wouldn’t be experiencing the smooth flow of digital transactions in Nigeria. It is safe but not without threats, and we are doing our best as a country to combat these threats.”
Christopher Odutola, a sales engineer at SOPHOS UK, noted in his presentation that 100% cybersecurity cannot be guaranteed, hence the need for proactive measures.
“A lot of people will come to you and say, ‘We can give you 99.9% or 100% cybersecurity.’ It’s not true.
“Nobody can provide 100% security anywhere in the world. What they can do, as I mentioned earlier, is reduce the risk for you. However, determining the extent of risk reduction is difficult.
“It’s impossible to eliminate 100% of risks anywhere in the world. What we provide is what we call a cybersecurity breach protection warranty. This warranty covers incidents such as data breaches or ransomware attacks. For instance, if you lose your files while we manage your SOC as a service, we will reimburse up to one million dollars in response costs.”
Odutola further stressed the importance of organisations reducing cyber threat risks to secure cyberspace.
“There are risks to businesses, risks from downtime, attackers, scammers, and the rest, trying to infiltrate networks.
“The risk is always high. As cybersecurity professionals, we are doing as much as possible to reduce these risks.
“The various security controls we implement—antivirus software, firewalls, email security, cloud security, network security, and others—are aimed at reducing risks. We must focus on minimising risks. For instance, we currently see risks originating from third-party suppliers and vendors.”
According to him, “We have a process called risk assessment, which helps to evaluate vendors to ensure they do not introduce risks into our environment. This is why these security controls are crucial.
“We have them in place. It’s equally important to involve senior management in the discussion, as this is often where the gap lies. Unfortunately, cybersecurity is often perceived as a cost centre.”
Harrison Oloye, chief executive officer (CEO) of Net-Trix Solutions, said the event aimed to raise awareness about cyber threats and equip users to manage potential attacks.
“What we did, as Net-Trix Solutions Limited in conjunction with Spokes Network, is to create awareness and educate the public and private sectors on how to use Artificial Intelligence (AI) to combat cyber threats.”
Speaking further on achievements in creating awareness, he said: “As part of our Corporate Social Responsibility (CSR), we educate and train as many people as possible on the dangers of cyber threats and cyber-related crimes.”
Ms. Sifon Ufot, head of Business at SPOKES Network, emphasised the need to take proactive measures against cyber threats.
“We need to stay cyber-safe because hackers working behind the scenes are not joking—they work 24/7. For us, staying proactive is essential. With the help of AI, we can stay proactive; it provides information beforehand and even prevents some attacks from reaching us.”
E-Business
Nigeria, Others Confront Flood of Cyber-Attacks
Check Point, a cyber security company has reported that Nigeria, South Africa, Kenya, and Morocco are seeing targeted cyber-attacks on government, education, and financial institutions.
In its just released 2024 African Perspectives on Cyber security report, Check Point, said that the cyber security sector is growing by 20-25% annually, fuelled by investments in infrastructure and Artificial Intelligence-driven solutions.
The report said that South Africa has seen 3,312 attacks on government institutions every week and a 90% increase in ransomware, with cybercrime costing the country nearly 1% of GDP.
Kenya, in East Africa, sees 4,719 attacks on the government sector each week, indicating an urgent need for enhanced defenses.
According to the report, Nigeria sees 4,718 attacks every week, which is one of the highest in Africa.
In a recent incident, the report states that a banking trojan assault affected 100,000 customer accounts, resulting in a $3 million loss.
Morocco is one of Africa’s most targeted countries, with 8,733 attacks on government entities reported each week, the report said.
According to Check Point, the Moroccan government recently faced a state-sponsored cyberattack that compromised classified communications, raising significant national security concerns.
“Organisations in Africa are attacked roughly 3300 times per week, if we look at the global average it is about 1 800, it is almost double the attacks,” said Hendrik de Bruin, head of security consulting at Check Point SADC during the presentation.
Check Point noted that the continent’s GDP is predicted to exceed $4 trillion by 2027, and digital infrastructure has emerged as a key driver of economic growth. However, rapid digitisation has resulted in increased vulnerability.
De Bruin explained: “We are slowly, but surely digitalising our industries, we are digitising our governments, private sectors are digitising themselves, so we have got an expanding digital attack footprint.
“We also have cloud adoption, which is not new, but picking up pace in Africa. That is another way that these attackers are using to gain access to organisations, and we also see a large uptake on cloud specific attacks as well.”
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