Federal Republic of Nigeria

Chapter IV, § 37 of the 1999 Constitution declares that "the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected."[1] The Constitution also allows courts to exclude certain parties from judicial proceedings for "the protection of the private lives of parties."[2] However, the Constitution's ban on secret societies[3] raises concerns regarding the privacy of association.

The principal body for Nigerian Internet policy is the National Information Technology Development Agency (NITDA, a sub-agency of the Nigerian Communications Commission. NITDA has developed a draft Nigerian Information Technology Policy which was approved by the Nigerian Federal Executive Council in 2001.[4] NITDA's IT Policy identifies some of its objectives as, "promot(ing) legislation (Bills and Acts) for the protection of on-line business transactions, privacy and security,"[5] and "enhanc(ing) freedom and access to digital information at all levels while protecting personal privacy."[6]

The menace of fraudsters soliciting victims via email prompted the Nigerian government in 2002 to create a National Committee to address the problem.[7] NITDA was involved in this process and one of the committee's recommendations was a draft Cybercrime Act which includes a Data Retention Provision that declares, "[a]ll service providers under this Act shall have the responsibility of keeping all transactional records of operations generated in their systems and networks for a minimum period of five years."[8] This data retention provision raises privacy concerns as the draft Act defines service providers as "Internet service providers, cybercafés, communications service providers, application service providers, any individual or body corporate that deploys information and communication technology resources in Nigeria."[9] This broad definition of service providers possibly extends the five-year data retention requirement to virtually all Internet communications in Nigeria.

In February 2003 the Nigerian government launched an extensive National ID Card Drive in which everybody over 18 years of age was eligible to participate.[10] While registration for the identity card was not compulsory, those who chose to participate were required to provide information which included their name, age, sex, address, occupation, state of origin, local government area, height measurement, thumbprint, and passport photograph.[11] Despite allegations that the ID contract was corruptly awarded, in 2004, the Minister in charge of the project reaffirmed the government's commitment to the project and announced that the first batch of cards were ready for collection.[12]

The operation of Sharia Law[13] in 12 northern Nigerian states[14] also raises issues of privacy. Of particular concern is the provision in several of the states for the punishment of adultery by stoning to death.[15] While no one has been stoned for adultery under the Sharia laws, several accused Nigerian women have had to undergo judicial proceedings in which, by necessity, the consideration of the details of their sexual lives have been the basis for both their prosecution and defense.[16]

The Nigerian Evidence Act protects the confidentiality of communication during marriage by providing that no husband or wife shall be compelled to disclose any communication made to him or her during marriage by any person to whom he or she is or has been married; nor shall he or she be permitted to disclose any such communication, unless the person who made it, or that person's representative consents, except in suits between married persons, or proceedings in which one married person is prosecuted for certain specified offenses.[17]

In 1999, a Nigerian Right to Information Bill was introduced in the House of Representatives. The bill went through several readings but has not yet been enacted.[18] The draft bill allows even non-citizens to make information requests, mandates the annual publication of certain operational records by every government institution, and provides several exemptions to the disclosure requirement (e.g., certain international affairs and defense matters, certain law enforcement and investigation information, and information of a personal nature).[19]