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SERAP Wants Privacy Details of Election Data from INEC
Socio-Economic Rights and Accountability Project (SERAP) has urged Mr. Mahmood Yakubu, chairman, Independent National Electoral Commission (INEC), to publish the details of safeguards and mechanisms put in place to protect the privacy and security of election information and data in the custody of the organisation, including in its servers, databases and other electronic formats.
SERAP made the call in a Freedom of Information (FoI) request dated March 26, 2022.
In the document signed by Mr Kolawole Oluwadare, SERAP deputy director, SERAP urged him to “clarify whether any third-party is involved in the collection, control, and use of election information and data, the legal rules and processes guiding the choice of any such third party”.
SERAP also urged him to “clarify the other location or locations where election information is stored apart from Abuja, and the details of any third-party who has access to such a database, the safeguards and contingency plans put in place by INEC to address any threats to the privacy and security of election information”.
“Ensuring adequate safeguards and mechanisms to protect the privacy and security of election information and data would improve the ability of INEC to effectively discharge its constitutional and statutory duties”.
SERAP said: “This would also help to remove risks of attack and unlawful interference by any unauthorised person with election information and data”.
According to SERAP, “Widely publishing the details of safeguards and mechanisms of election data and information would also contribute to improving the sanctity and integrity of the electoral process, and public trust and confidence in the process”.
The letter, read in part: “Putting in place adequate technological security measures to prevent unauthorized access to election information and data would improve the credibility of the electoral process and the enjoyment of people’s right to participate in their own government.
“As an institution, which collects, controls and uses election-related information and data in the discharge of its constitutional and statutory duties, INEC has a legal responsibility to ensure adequate protection of such information and data from threats and vulnerabilities to attack or interference.
“Any interference by unauthorised third party in election information and data may be used for corrupt, political and other unlawful purposes, and would expose election systems to fraud and meddling, as well undermine the right to participation and the country’s democratic system.
“The right of people to participate in their government is a fundamental feature of any democratic society, and any infringement of privacy and security of election information and data would strike at the heart of representative government.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel INEC to comply with our request in the public interest.
“SERAP notes that voter registration systems and voting systems are the most vulnerable and susceptible to manipulation by corrupt politicians and other actors.
“As the experiences in other countries have shown, election information is often susceptible to unlawful interference by corrupt politicians and other actors, which can be damaging to the integrity of the electoral process and democratic practices.
“The experiences of other countries demonstrate the need for INEC to take effective and transparent measures to ensure and protect the privacy and security of election information and data, which would protect the integrity of the country’s democracy.
“Any privacy or security weakness in any component of any of the election systems can be easily exploited to cast doubt on the integrity of the electoral process.
“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the Electoral Act, the Freedom of Information Act, and the country’s international obligations including under the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy, Elections, and Governance.
“SERAP notes that Section 9(2)(a) of the Electoral Act 2022 provides that INEC ‘shall keep the Register of Voters in its National Headquarters and other locations as the Commission may determine.’ The provision also states that INEC ‘shall keep the Register of Voters in electronic format in its central database.’
“Section 153 of the Act defines ‘electronic format’ to include ‘the electronic version of the Register of Voters or National Electronic Register of Election Results, as the case may be, created, recorded, transmitted or stored in digital form or in other intangible forms by electronic, magnetic or optical means or by any other means.”
The organisation said: “Section 37 of the Nigerian Constitution, article 17 of the International Covenant on Civil and Political Rights, and article 5 of the African Charter on Human and Peoples’ Rights protect against arbitrary or unlawful interference with one’s privacy.
“Interference with the privacy of election information and data would clearly undermine the security of any such information and data. Similarly, Article 9 (1) of the African Charter provides that, ‘Every individual shall have the right to receive information.
“Article 2(10) of the African Charter on Democracy, Elections, and Governance requires states parties including Nigeria to ‘promote the establishment of the necessary conditions to foster citizen participation, transparency, access to information, and accountability in the management of public affairs.’”
The Lagos State Governor, His Excellency Babajide Sanwo-Olu has commended Africa’s leading e-commerce platform, Jumia Nigeria, for its giant strides and in the growth of the country’s e-commerce sector, as well as its unique contributions to its economic development.
He said that Jumia has earned its place as a major brand, with its growth and trajectory in the country’s e-commerce ecosystem over the years which, he said, has made it a household name. He urged the company to not only strive to maintain its excellent service standards, but to also work towards improving them.
The Governor who was speaking during a courtesy visit by the management of Jumia Nigeria to the State House in Marina on Thursday March 27, reaffirmed the strategic importance of the company in the economic development of Lagos State and Nigeria, especially in job creation.
He restated his administration’s commitment in ensuring that Lagos State remains environmentally friendly for businesses to grow.
“Our administration has always prioritized creating an enabling environment for businesses to thrive. Through various initiatives, we have strengthened the ease of doing business, and fostered innovation to drive economic growth, and we will continue to support businesses and create opportunities that will aid in their growth”, Sanwo-Olu said.
Governor Sanwo-Olu said that the Lagos State Government remains open to collaborations with the private sector to enhance service delivery, infrastructure development, and create opportunities for residents, with the aim of building a resilient and sustainable future.
He said the administration recognises the importance of working with the private sector to achieve its goals of improving the lives of its citizens.
Speaking also, the Chief Executive Officer of Jumia Nigeria, Sunil Natraj, thanked the governor for creating an enabling environment in the state for businesses like Jumia to grow. He stated Jumia’s commitment to contributing towards the growth and development of the state, and the country.
Natraj said the company has made tremendous strides from its early days as a tech start-up in Lagos and has grown to become the number one e-commerce platform in Nigeria, with a presence in nine African countries. He said the company presently employs hundreds of Nigerians directly, and thousands more indirectly as independent sales agents and partners.
He restated Jumia Nigeria’s commitment to providing excellent service, focusing on delivering exceptional value and fostering long-term relationships with its customers around the country.
Among other things, he said the company is actively working to enhance customer experience, aiming to simplify the e-commerce process, making it easier for customers to navigate and shop online.
According to him, Jumia aims to transform everyday life in Africa by making it easier for consumers to access goods and services conveniently and affordably, adding that the company is focused on expanding access to retail across the country.
Nigerian National Petroleum Company (NNPC) Limited has announced its readiness for the capital market with an Initial Public Offer (IPO) now in the final stage.
Mr. Olugbenga Oluwaniyi, chief finance and investor relations officer (CFIO), NNPC, stated this at a consultative meeting with partners at the NNPC Towers, Abuja, on Thursday.
He said the move aligned with the provisions of the Petroleum Industry Act, 2021.
He said NNPCL was currently engaging with prospective partners in an exercise tagged: “NNPC Ltd. IPO Beauty Parade” in line with capital market regulations before the commencement of the IPO.
According to the CFIO, the aim of the IPO Beauty Parade is to assess potential partners and determine in what ways they could be of support to the company.
He listed the areas of partnership required to include Investor Relations, IPO Readiness Advisors, and Investment Bank Partners.
He said the company with the best offer in terms of project partnership would be selected for each of the three categories.
The PIA provides for NNPCL to list its shares in the capital market in line with the provisions of the Company and Allied Matters Act (CAMA) 1990.
Federal High Court in the Bwari Judicial Division has thrown out a case of fraud filed against the Chairman of Zinox Technologies, Mr. Leo Stan Ekeh, his wife, Chioma Ekeh, and 11 others.
Femi Falana and Leo Stan Ekeh
This is the umpteenth time.
The latest is the dismissal of the suit by Justice Akpan Okon Ebong of the FCT High Court, who struck out the case filed by Mr. Femi Falana SAN, purporting to act on a fiat donated to him by Mr. Lateef Fagbemi SAN, attorney general and minister of Justice of the Federal Republic of Nigeria, against Mr. Leo Stan Ekeh, chairman of Zinox Technologies, and 12 others.
The other defendants are Mr. Chris Eze Ozims, Oyebode Folashade, Charles Adigwe, Obilo Onuoha, Agartha Ukoha, Anya O. Anya, Femi Dosumu, Nnenna Kalu, Admas Digital Technologies Limited, Technology Distributions Limited and Zinox Technologies Limited.
In the suit No. FCT/HC/CR/985/24 filed in November 2024, Falana, on behalf of his client, Benjamin Joseph, the CEO of Citadel Oracle Concept Limited, an Ibadan-based computer firm, filed charges against Ekeh, 9 other individuals and 3 companies before the Federal High Court in Abuja for allegedly diverting N162,247,513.80 being payment for laptop supply contract at the Federal Inland Revenue Service (FIRS) Headquarters which Technology Distribution Ltd (now TD Africa), the biggest tech equipment distributor in sub-Saharan Africa supplied on behalf of Citadel in 2012.
However, in the certified true copy of the judgment dated March 20, 2025, Justice Ebong ruled as follows: “It is my conclusion based on the foregoing that this charge (No. FCT/HC/CR/985/2024, Federal Republic of Nigeria v Leo Stan Ekeh and 12 ORS) constitutes a gross abuse of court process and is liable to dismissal. I accordingly hereby dismiss it.”
Before arriving at his judgment, which has put the final nail in the coffin of a case that other courts had also dismissed in the past as dead on arrival, Justice Ebong considered the outcome of previous cases and petitions filed by Mr. Joseph, none of which was in his favour.
Justice Ebong said: “One intriguing aspect of this matter is that none of the law enforcement agencies involved in the investigation of the nominal complainant’s (Mr. Joseph) numerous petitions has found merit in any of his allegations against the defendants. When called upon before Senchi J. (Justice Danlami Z. Senchi) to prove his said allegations to the court, he failed to turn up in court. One then wonders on what premise he wants to maintain this campaign of persecution against the defendants.”
Previous judgments on the matter had established that rather than being the culprit, Ekeh and the 12 others were actually the victims of a failed money diversion scheme plotted by Mr. Joseph and Citadel.
When contacted, one of the defendants, Mr. Chris Eze Ozims, a lawyer, said: “This ruling truly reflects our consistent position on the allegations, and it is good that we have been vindicated, once more, by a competent high court.”
He asserted that the judgment of Justice Ebong was consistent with the position of the defendants and in tandem with the rulings of other judges who had previously adjudicated on the same matter.
Mr. Matthew Burkaa SAN, chief counsel to the defendants, described the judgment as a victory for integrity and the rule of law.
Court papers showed that Falana’s suit was based on the same claims that various courts had dismissed in the past as falsehood and baseless. The case arose from a contract between Citadel and Technology Distributions Limited over the supply of computers to the Federal Inland Revenue Service (FIRS), a project fully funded by Technology Distributions and has no bearing whatsoever with Zinox and its promoter, Mr Leo Stan Ekeh.
It will be recalled that Mr. Joseph had lost the case and its adjunct suits at different courts in the past. In his petition to the police in 2013, police authorities discovered that Mr. Joseph provided false information to the police, prompting the Inspector General of Police to charge him for false information in charge no.CR/216/16.
In another case filed by the EFCC in his instance against his partner, Princess Kama, in charge no. FCT/HC/CR/244/2018, Honorable Justice Danlami Z. Senchi of the FCT High Court (as he then was) dismissed as false all the allegations made by Benjamin Joseph, and imposed the sum of N20 million as damages against him for false petitioning in relation to these same allegations.
Earlier court papers showed that Joseph, in his statement on oath in suit No:LD/4335/2014 in the High Court of Justice, Lagos State, dated June 28, 2019, averred that his company, Citadel, did not execute any contract with FIRS and that he was not aware that a contract had been awarded to Citadel.
In his deposition under oath, Joseph claimed that Citadel “did not at any time execute any contract for the FIRS and neither did the 2nd defendant (Princess O. Kama) who is its agent in respect of the contract it bid for with the FIRS deliver/release any documents to the Claimant (Citadel) indicating that the contract it bid for, or any other contract was awarded to it by the FIRS or any other body.”
However, a letter from the FIRS addressed to the chamber of Afe Babalola & Co dated February 11, 2014 (FIRS/PD/GDS/2559) and signed by one Idrissa Kogo, Head Legal Department, stated: “Contrary to your client’s claim that they knew nothing about the execution of the contract awarded to them and that they did not receive any payment for the execution of the contract, our record reveals otherwise.
“Your client instructed FIRS through a letter dated December 13, 2012, to deal with Princess O. Kama (Your client’s agent) in relation to the contract. Through three separate letters dated December 20, 2012, your client instructed FIRS to pay to the client’s account with Access Bank plc. Please note that FIRS acted in compliance with your client’s instruction and with due diligence,” the FIRS letter stated.
The FIRS letter was a response to inquiry by Afe Babalola Chamber, lawyers to Citadel Oracle Concept Ltd and its MD, Mr. Benjamin Joseph, at that time.
The current charges filed by Falana on the basis of a fiat from the Attorney General is the third in a row as Mr Joseph had earlier filed charge no.CR/469/2022, which was struck out by Honorable Justice C. O. Oba of the FCT High Court, by an order dated November 8, 2022.
Determined to push through with his case, Mr Joseph filed the same charges before Honorable Justice A. S. Adepoju of the FCT High Court, and the charges were, once again, struck out by the Honorable Court on March 19, 2024, with Honorable Justice Adepoju holding that: “This matter was brought in dead, extinct and should be confined into the dustbin of history…I hold that the instant suit is an abuse of the process of court, and it is hereby struck out accordingly.”
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