The Federal High Court has upheld the statutory powers of the Nigeria Data Protection Commission (NDPC) to register Data Controllers and Processors of Major Importance (DCPMIs), in a judgment that strengthens the country’s data protection framework and regulatory oversight.
In a statement issued by the Commission, the court dismissed a suit filed by Emmanuel Harunna, who had challenged the NDPC’s authority to require certain businesses, including Point of Sale (POS) agents, to register as DCPMIs under the Nigeria Data Protection Act (NDPA), 2023.
The case, Emmanuel Harunna v. Nigeria Data Protection Commission (FHC/L/CS/1116/2024), sought declarations that POS agents should not be classified as Data Controllers or Processors of Major Importance and asked the court to restrain the Commission from enforcing the registration requirement.
However, Justice F.N. Ogazi ruled in favour of the NDPC after examining the provisions of Sections 5(d), 6(c), 44, 45 and 65 of the Nigeria Data Protection
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