Critical Analysis of the Right to Privacy and Surveillance Under Nigerian Law: Private and Public Dimensions

The right to privacy in Nigeria is under increasing pressure from both private sector data collection practices and state surveillance activities, yet the legal framework for privacy protection remains fragmented and analytically underdeveloped. This study critically analyses the right to privacy in Nigeria across its private and public law dimensions, examining the constitutional right under Section 37 of the 1999 Constitution, the Nigeria Data Protection Act 2023, the Cybercrime Act 2015, and common law privacy torts. Using a doctrinal and empirical methodology, the research analyses 30 privacy-related cases decided between 2019 and 2024, supplemented by interviews with 25 data protection lawyers, 10 civil society organisations, and 15 technology company compliance officers in Lagos and Abuja. The study evaluates how surveillance technologies used by private employers, fintech companies, and telecommunications operators intersect with the legal right to privacy, and how courts have responded to privacy invasion claims. Findings reveal significant gaps between the formal legal framework and the practical protection of privacy in Nigeria, including inadequate remedies, unclear tort of invasion of privacy, and inconsistent judicial application of the constitutional provision. The research makes an original contribution by mapping the doctrinal architecture of Nigerian privacy law across both public and private dimensions. Recommendations include statutory recognition of a privacy tort, enhanced enforcement powers for the Nigeria Data Protection Commission, and legislative reform of surveillance authorisation procedures. Keywords: right to privacy, data protection, surveillance, Nigeria Data Protection Act, constitutional rights