| Authority: | Court of Appeal, Nigeria |
|---|---|
| Jurisdiction: | Nigeria |
| Relevant law: | Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); Article 3.1(1)(7)(h) of the National Data Protection Regulations, 2019 (NDPR) |
| Type: | Law suit |
| Outcome: | No Violation |
| Started: | 17 October 2023 |
| Decided: | 14 January 2024 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Incorporated Trustees of Digital |
| Rights Lawyers Initiative (Suing for an on behalf of other Data Subjects in Nigeria) & ORS. V. National Identity Management Commission | |
| Case No. | (2021) JELR 109611 (CA) |
| Appeal: | N/A |
| Original Source: | Court of Appeal Nigeria |
| Original contributor: | MZIZI Africa |
Contents
The Court of Appeal held that a demand by the National Identity Management Commission (NIMC) for fees to process a rectification of an erroneous record as regards the Appellant’s National Identification documents, is not a breach of the right to privacy.
The 2nd Appellant, who was the 2nd Claimant at the High Court of Ogun State, had registered with the Respondent for the issuance of a National Identity Card.
The Appellant was given a National Identification Number Slip which bore a month of birth different from his actual month of birth and he then applied to the Respondent for the rectification of his date of birth.
To facilitate the rectification, the Respondent requested the 2nd Appellant to pay a fee of N15,000.00 in accordance with its laid down official policy and procedure.
The 2nd Appellant objected to this request for payment, claiming that it violated his fundamental right to private and family life as guaranteed by Section 37 of the Constitution of the Federal Republic of Nigeria, 1999.
The trial High Court heard the parties, and in its final judgment upheld the preliminary objection of the Respondent, declined jurisdiction over the matter and struck out the matter. Dissatisfied with the judgment of the trial Court, the Appellants appealed to the Court of Appeal.
The Court of Appeal found that the suit does not disclose a cause of action because a demand for fees for the rectification of date of birth in National Identity Card is not a breach of the right to privacy.
The Court of Appeal held that the appeal lacked merit and dismissed same. Consequently, the decision of the High Court of Ogun State striking out the Appellants’ suit was affirmed
This case is an appeal from Suit No. AB/83/2020 decided on the 15th of July, 2020 by Honourable Justice A. A. Akinyemi, wherein the learned trial judge struck out the Applicant’s suit for want of jurisdiction.
The full text of the ruling is not available but releases in respect of the same is attached.