The Federal High Court in Lagos has ordered the Nigeria Shippers Council to disclose its data protection policies and other information following a Freedom of Information Act suit filed by journalist Blessing Oladunjoye.
Justice C. J. Aneke delivered the ruling on February 24, 2026, in a case where Oladunjoye sought access to information regarding the Council’s data protection practices and compliance with the Nigeria Data Protection Regulation 2019.
The applicant had requested information through letters dated October 26, 2020, and May 22, 2020, but the respondents failed to provide the requested information within the seven days stipulated by the Freedom of Information Act.
The court ruled that the Nigeria Shippers Council and its Executive Secretary breached the Freedom of Information Act, 2011, by failing to comply with Oladunjoye’s request for information.
Justice Aneke ordered the Nigeria Shippers Council to “disclose or make available copies of all its data protection policies issued in conformity with the Nigeria Data Protection Regulation 2019, and the name and contact details of its Data Protection Officer”.
The court also ordered “the disclosure of details of all capacity building training undertaken for the Council’s Data Protection Officer since the issuance of the regulation, and the number of persons whose personal data the Council processes annually”.
Additionally, the court directed the Council to provide a detailed audit report of its privacy and data protection practices conducted in accordance with the Nigeria Data Protection Regulation 2019.
The audit report must contain information on the type of personally identifiable information collected, the purpose for collection, copies of notices given to individuals, details of access given to individuals to review or delete their information, and information on consent obtained before data collection.
The court further ordered disclosure of the Council’s policies for ensuring data security, proper use of information, privacy, and data protection procedures, monitoring and reporting violations, and assessing the impact of technologies on privacy and security policies.
However, the court rejected Oladunjoye’s claim for N1,000,000 in damages, stating that monetary claims can only be validly made in a criminal case where there is a charge, plea, trial, and conviction.
Justice Aneke held that the court can only grant an order compelling the respondents to comply with the Freedom of Information Act in civil proceedings like the case at hand.
The judge declared that the failure by the Nigeria Shippers Council to grant Oladunjoye access to the requested information violated his right of access to information established and guaranteed by Sections 1(1) and 4 of the Freedom of Information Act.
The court also declared that the failure to give written notice stating reasons for any denial of access constituted a violation of Section 4(b) of the Act.
The Nigeria Shippers Council had argued that there was no approved IT policy adopted by NITDA at the time of the applicant’s request and that there was no Data Protection Officer, with the process of engaging one being ongoing.
The respondents also claimed they were constrained by reasons beyond their control to meet the applicant’s request at the material time.
However, the court held that these defenses did not avail the respondents, noting that Section 1(1) of the Freedom of Information Act establishes the right of any person to access or request information, regardless of whether such information exists in a particular format.
The case highlights the importance of transparency and compliance with the Freedom of Information Act by public institutions in Nigeria, particularly in relation to data protection practices and citizens’ right to access public information.