In highlighting the absence of a clear scope of the right to “privacy of citizens” as guaranteed under Section 37 of CFRN, 1999, this Court, per Agim, JCA (as he then was, now JSC), had held in the cited case of NWALI v. EBSIEC (2014) LPELR-23682(CA) at pages 27 – 29, para. E, as follows: “The meaning of the term “privacy of citizens” is not directly obvious on its face. It is obviously very wide as it does not define the specific aspects of the privacy of citizens it protects. A citizen is ordinarily a human being constitution of his body, his life, his person, thought, conscience, belief, decisions (including his plans and choices), desires, his health, his relationships, character, possessions, family, etc. So how should the term “privacy of citizens” be understood? Should it be understood to exclude the privacy of some parts of his life? This can be seen from its holding that the right includes “privacy in private family life and incidental matters when this aspect is not expressly provided for in that Section and that meaning is not patently obvious from the text of that Section…The privacy of home, privacy of correspondence, privacy of telephone conversations and privacy of telegraphic communication are clear and particular as to the nature of privacy protected or the area or activity in respect of which a person is entitled to enjoy privacy… It is glaring that the phrase “Privacy of Citizens” is general and is not limited to any aspect of the person or life of a citizen. It is not expressly defined by the Constitution and there is nothing in the Constitution or any other statute from which it’s exact meaning or scope can be gleaned.”
RIGHT TO PRIVACY INCLUDES RIGHT TO PERSONAL DATA
The trial Court had, in my view, rightly held above, that the right to “privacy of citizens” as guaranteed under the Section includes the right to protection of personal information and personal data.
— A.B. Mohammed, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020