Litigation 2026

NIGERIA Trends and Developments Contributed by: Ituah Imhanze, Daze Nga, Damilola Raji and Ozioma Soludo, KENNA

Employment and workplace privacy Employers’ increasing reliance on monitoring technol- ogies, such as biometric attendance systems, CCTV surveillance, and even social media tracking, has opened a new front in workplace litigation. Employees now have a legal basis to challenge the proportionality and legality of such practices and can argue that they constitute unlawful interference with their data rights. The courts are likely to hear test cases on whether such monitoring is proportionate, whether it con- stitutes consent-based processing, and other such considerations. These cases could establish impor- tant precedents for striking a balance between privacy rights and legitimate business interests. Cross-agency enforcement overlaps and “turf” battles Another expected source of litigation is the jurisdic- tional overlap between regulators. For example, the FCCPC (consumer protection), the Nigerian Commu- nications Commission or NCC (telecommunications), and the NDPC (data protection) all assert mandates over aspects of data regulation. Businesses caught in the crossfire may seek judicial clarification on which regulator has primacy in specific sectors and whether parallel proceedings violate due process. Overview These disputes do not arise solely from the GAID but from the broader enforcement of Nigeria’s new data protection regime. Together, these developments place Nigeria firmly within a global trend in which pri- vacy and data governance have become mainstream litigation issues. The broader significance of these disputes lies in the fact that privacy litigation is becoming a mainstream commercial risk. Data breaches can trigger not only regulatory fines but also consumer class actions and reputational fallout. The year 2026 will be a defining one in establishing the scope of privacy rights and the standards of accountability. Conclusion Nigerian litigation now stands at the threshold of change. Technology, particularly the rise of AI and digital tools, is beginning to reshape the way lawyers

be used, but how its use will be regulated and super- vised. The courts may, in time, issue practice direc- tions on validation and responsibility for AI-assisted filings. Data and Privacy Enforcement as a Litigation Driver Data protection has rapidly emerged as one of the most dynamic areas of litigation in Nigeria. With the passage of the Nigeria Data Protection Act (NDPA), 2023 and the issuance of the General Application and Implementation Directive (GAID), which came into force on 19 September 2025, Nigeria has entered a new era of regulatory enforcement. These laws not only codified the supervisory role of the Nigeria Data Protection Commission (NDPC) but also gave teeth to its investigative and sanctioning powers. The result is a fertile ground for litigation in 2026, as companies, regulators, and individuals test the scope of the Act and its implementing framework under the GAID. The GAID primarily clarifies compliance obliga- tions and enforcement procedures under the NDPA, and its operational roll-out is expected to prompt the first wave of enforcement actions. The following areas of dispute are likely to be prominent in 2026. Judicial review of NDPC actions Companies sanctioned by the Commission for non- compliance with audit requirements, unlawful pro- cessing of personal data, failure to secure consent, and other such offences are likely to seek judicial review. The courts will be asked to interpret both the substantive provisions of the NDPA and the procedur- al propriety of NDPC investigations. These cases are expected to clarify the limits of regulatory discretion and due process under the data protection regime. Cross-border data transfer disputes With the GAID setting clearer procedures for interna- tional data transfers, questions will arise as to whether Nigerian companies may lawfully transfer personal data to jurisdictions without adequate safeguards. Multinationals hosting data on overseas servers may face injunctions or liability where Nigerian data is pro- cessed abroad without compliance with these rules.

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