Alliance Law Firm is proud to have represented the Nigerian Data Protection Commission in the landmark case (suit number FHC/L/CS/1116/2024) between Emmanuel Haruna and the Nigerian Data Protection Commission. This ruling has solidified and reinforced the Commission’s statutory authority to register Point of Sale (POS) agents as Data Controllers and Processors of Major Importance (DCPMIs) in Nigeria, in line with its Guidance Notice of 2024 titled “Registration of Data Controllers and Data Processors of Major Importance.”
In its ruling, the Court confirmed that a POS agent, under the Nigerian Data Protection Act 2023 (NDPA), can be classified as a Data Controller or Processor of Major Importance due to the essential role POS agents play in promoting financial inclusion throughout Nigeria. The Court recognised that POS agents are involved in processing personal data, thus making their registration with the Commission serve a legitimate public interest, because the Nigerian Data Protection Act (NDPA) was enacted to promote accountability, transparency, and responsible governance in the handling of personal data.
Moreover, the Federal High Court stated that registering POS agents enables the Commission to identify entities engaged in significant data processing activities, monitor compliance with statutory obligations, investigate complaints, and safeguard the privacy rights of data subjects. This supports the Commission’s responsibilities to ensure compliance with both national and international personal data protection standards and best practices, as well as to regulate technology use in everyday business transactions.
Additionally, the judgment emphasises the supremacy of the NDPA in matters related to personal data processing, with the Court affirming that Section 65 of the NDPA takes precedence over any conflicting laws concerning data protection.
We believe this decision is a significant victory for data integrity and protection in Nigeria.
Our team was led by Gabriel Onojason, Joshua Akhator, Kelechi Njaka, and Oreoluwa Olu-David.
