The Federal High Court in Lagos has ordered the Nigerian Shippers’ Council to release detailed records of its data protection policies and compliance framework, following a Freedom of Information (FOI) suit filed by journalist and BONews publisher, Blessing Oladunjoye.
Delivering judgment on February 24, 2026, Justice C. J. Aneke held that the Council breached provisions of the Freedom of Information Act by failing to respond within the statutory timeframe to Oladunjoye’s request for information.
The applicant had, through letters dated May 22 and October 26, 2020, sought information regarding the Council’s data protection practices and its compliance with the Nigeria Data Protection Regulation. However, the Council did not provide the requested information within the seven days required by law.
Justice Aneke declared that the failure to grant access to the requested records violated Oladunjoye’s right to information as guaranteed under Sections 1(1) and 4 of the Act.
Court Orders Comprehensive Disclosure
In the ruling, the court directed the Nigerian Shippers’ Council to disclose copies of all its data protection policies issued in conformity with the Nigeria Data Protection Regulation 2019, provide the name and contact details of its Data Protection Officer (DPO), release details of capacity-building training undertaken by the DPO since the issuance of the regulation, and state the number of persons whose personal data the Council processes annually.
The court further ordered the Council to provide a detailed audit report of its privacy and data protection practices, conducted in accordance with the Regulation.
According to the judgment, the audit report must include the type of personally identifiable information collected, the purpose for data collection, copies of notices issued to individuals, information on access provided to individuals to review or delete their data, and evidence of consent obtained before data collection.
Additionally, the court mandated disclosure of policies governing data security, privacy safeguards, monitoring and reporting violations, and the assessment of technology impacts on privacy and security procedures.
Damages Claim Dismissed
While granting the reliefs on access to information, the court rejected Oladunjoye’s claim for N1,000,000 in damages.
Justice Aneke held that monetary compensation of that nature can only arise in criminal proceedings involving a charge, plea, trial, and conviction. He clarified that in civil proceedings under the FOI Act, the court’s role is limited to compelling compliance with statutory obligations.
Court Rejects Council’s Defence
The Nigerian Shippers’ Council had argued that at the time of the request, there was no approved IT policy adopted by NITDA and that a Data Protection Officer had not yet been formally appointed, as the process was ongoing. The Council also claimed it was constrained by circumstances beyond its control.
However, the court dismissed these defences, emphasizing that Section 1(1) of the FOI Act establishes the right of any person to access public information, regardless of the format in which such information exists.
Justice Aneke further declared that the Council’s failure to issue written notice stating reasons for denying access constituted a violation of Section 4(b) of the Act.
Implications for Transparency and Data Governance
The ruling underscores the growing judicial insistence on transparency, accountability, and compliance with Nigeria’s Freedom of Information framework, particularly in matters relating to data protection and public institutions’ handling of citizens’ personal information.
Legal observers say the judgment reinforces the obligation of government agencies to proactively maintain and disclose records, especially those touching on privacy rights and regulatory compliance.
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