Federal High Court Upholds NDPC’s Authority Over POS Agents

The Federal High Court sitting in Lagos, has delivered its judgment in Emmanuel Harunna v Nigeria Data Protection Commission.¹ The applicant instituted an action against the Nigeria Data Protection Commission (NDPC), arguing that the Commission wrongly classified him as a Data Controller and Data Processor of Major Importance under the Guidance Notice.²

The applicant sought several reliefs from the court; among them was a declaration that a Point of Sale (POS) agent is not a Data Controller and Data Processor of Major Importance under the NDPA.³ The applicant also sought a perpetual injunction restraining NDPC from requiring the POS agents to register as Data Controllers and Data Processors of Major Importance.