We deem it necessary to preface this exposition by stating clearly that Nigeria operates a constitutional legal system whereby all authorities and powers derive their source and validity from the Constitution of the Federal Republic of Nigeria, 1999 (“the Constitution”). The Constitution itself bears eloquent testimony to its supremacy by virtue of section 1(1) and (3) thereof, which provide as follows:

(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconstancy be void.

The above foundation having been laid, the rights of Nigerian citizens, specifically the right to privacy is enshrined in the Constitution and provided for in section 37, which reads as follows:

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26 Feb 2025