Dear Senator Shuaib Afolabi Salisu, / Dear Rep. Adedeji Stanley Olajide,

We, the undersigned organisations, commend the National Assembly and the Federal Ministry of Communications, Innovation and Digital Economy for your proactive efforts towards strengthening Nigeria’s digital economy through the National Digital Economy and E-Governance Bill, 2025. We recognise the importance of establishing a clear legal and institutional framework for digital transformation, and we share the Committee’s vision of leveraging technology for national development.

However, after a comprehensive review of the Bill, and in line with our work on digital rights, data governance, and inclusion, we respectfully urge the Committee to delay immediate passage of the Bill and instead convene additional multi-stakeholder consultations to address critical gaps that could undermine its intent and long-term impact. We make this request following our individual organisations’ input into the process leading to the convened Public Hearing that was held on Monday, November 10, 2025.

Distinguished Senator/Honourable, the Bill vests broad and discretionary powers in the Minister and the designated Regulatory Agency without adequate checks and balances. To prevent overlapping regulatory mandates, we recommend inserting an explicit harmonisation clause to ensure coherence with existing legal and institutional frameworks. A statutory inter-agency coordination mechanism should be established to resolve regulatory conflicts before directives are issued, supported by time-bound checks on ministerial powers subject to parliamentary review. We recommend strengthening independent oversight, limiting ministerial directives, and ensuring parliamentary or judicial review of key regulatory decisions.

Distinguished Senator/Honourable, while the Bill references the Nigeria Data Protection Act, it does not embed enforceable rights or redress mechanisms for citizens affected by data misuse or breaches. To safeguard citizens’ privacy and prevent misuse of aggregated data, we recommend embedding enforceable data subject rights, redress mechanisms, and Data Protection Impact Assessments (DPIAs) within the Bill. Any Nigeria Data Exchange or central data repository established under the Bill should be subject to the Nigeria Data Protection Act’s (NDPA) lawful processing standards, purpose limitation, and independent oversight, including mandatory DPIAs prior to deployment, annual audits, and transparent access logs. This will ensure the Bill aligns with constitutional guarantees, the NDPA, and international data governance norms. 

Distinguished Senator/Honourable, the establishment of the Nigeria Data Exchange (Section 46) could lead to large-scale aggregation of citizens’ data without clear consent or transparency safeguards. We therefore urge the inclusion of explicit digital rights guarantees, data subject protections, and independent oversight mechanisms to align with both the Constitution and international best practices. Notably, the Bill overlaps with the NDPA 2023, Cybercrime Act 2024, and the Federal Competition & Consumer Protection Commission (FCCPC) Act 2019. Without clear harmonisation clauses, conflicting jurisdiction could emerge between NDPC, NITDA, and other regulators.

Distinguished Senator/Honourable, the sections on Artificial Intelligence (Sections 63–77) are a positive development but remain largely technical and institutional, lacking any requirement for human-rights or algorithmic-impact assessments. Without these, Nigeria risks deploying AI systems that may perpetuate discrimination, bias, or harm. To ensure safe, fair, and accountable use of Artificial Intelligence, it is essential that the Bill includes mandatory Human Rights Impact Assessments (HRIAs) and Algorithmic Impact Assessments (AIAs) for any high-risk or automated decision-making system deployed across public services or procured by government institutions. We strongly recommend embedding mandatory human-rights impact assessments, public disclosure of high-risk AI systems, minimum procurement compliance standards requiring bias testing, transparency, and risk-mitigation measures prior to deployment, and meaningful civil society participation in AI oversight. These provisions reflect emerging global norms and are necessary to prevent algorithmic discrimination and rights violations.

Distinguished Senator/Honourable, the Bill focuses extensively on digital infrastructure and service delivery but omits specific commitments to bridge the digital divide. There are no measurable targets for rural connectivity, affordability, or accessibility for persons with disabilities. For true inclusion, digital transformation must be citizen-centred. We, the undersigned organisations, urge that measurable inclusion provisions, such as language diversity, disability access, and affordability targets, be added to the Bill.

Distinguished Senator/Honourable, given the Bill’s sweeping implications for public institutions, private sector players, and citizens, it is essential to ensure that its final version reflects a consensus among all stakeholders. Following the public hearing, an expert consultation forum involving civil society, academia, the private sector, and community representatives would enhance the Bill’s legitimacy, balance, and long-term sustainability.

Your Committee’s leadership presents a crucial opportunity to shape a rights-respecting, inclusive, and future-ready digital economy framework. We therefore respectfully request that the Committee:

1. Pause the immediate passage of the Bill to allow for further consultations and technical review.

2. Convene a multi-stakeholder roundtable to review the Bill’s human rights, data governance, and inclusion implications.

3. Incorporate the recommendations from various inputs to the consultation process and other stakeholders to ensure a balanced, citizen-focused digital governance law.

Distinguished Senator/Honourable, we remain ready to provide technical input, evidence-based recommendations, and facilitation support for stakeholder dialogues toward this end.

Thank you for your leadership and commitment to building a rights-based digital future for Nigeria.

Yours sincerely,

‘Gbenga Sesan

On behalf of signatory organisations: 

Accountability Lab Nigeria

BudgIT Foundation

Centre for Journalism Innovation and Development (CJID)

CivicHive

Digicivic Initiative

Digital Initiative for Innovation and Development

Enough is Enough (EiE) Nigeria

Media Rights Agenda (MRA)

Nigeria Network of NGOs 

Paradigm Initiative

Sesor Empowerment Foundation 

TechHer

Yiaga Africa