Civil Society Organization Raises Alarm Over Constitutional Violation in Digital Forensics Legislation
The African Leadership Strategy and Transparency for Development Initiative (ALSDI) has issued a critical warning to Nigerian citizens regarding the constitutional implications of the Bill for the establishment of the Chartered Institute of Digital Forensics of Nigeria. As a civil society organization dedicated to promoting accountability, transparency, and effective governance, ALSDI emphasized the urgent need for adherence to legal procedures in this matter.
Timeline and Constitutional Provisions
According to ALSDI, the bill was formally transmitted to the President through the Office of the Clerk of the National Assembly, accompanied by a covering letter dated February 23, 2026. The Presidency officially received the legislation on February 25, 2026. In a detailed statement signed by the Executive Director and Convener, Nelson Ossaieze, the group highlighted that Section 58(4) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, mandates the President to signify assent or withhold it within 30 days of receiving a bill.
Based on this constitutional requirement, the deadline for presidential action expired on March 25, 2026. ALSDI asserted that this position is unequivocal, definitive, and not subject to any form of manipulation or administrative discretion. Consequently, the bill is now considered statute-barred, meaning any attempt to grant assent beyond this timeframe would constitute a direct violation of the Constitution and set a dangerous precedent for executive overreach.
Concerns Over Bypassing Due Process
ALSDI expressed deep concern over reports indicating that certain promoters of the bill are actively seeking to circumvent due process and influence the assent procedure, despite the clear expiration of the constitutional timeline. Even more alarming, according to the group, are indications that these actors have expressed confidence that assent will be secured regardless of the established legal position.
The statement from ALSDI read: "Such conduct is completely unacceptable. It undermines the authority of the Constitution and erodes public trust in our democratic institutions." The organization stressed that allowing such actions would compromise the integrity of Nigeria's legislative and executive processes.
Call to Uphold Democratic Principles
In a direct appeal, ALSDI urged President Bola Tinubu, as a leader who understands the weight of constitutional responsibility and the necessity of upholding democratic principles, to remain a steadfast guardian of the Constitution. The group emphasized that the President should not become an avenue for legitimizing procedural violations, but rather should reinforce the rule of law by respecting the constitutional timeline.
This situation underscores the ongoing challenges in ensuring that legislative processes align with constitutional mandates, particularly in areas involving emerging technologies like digital forensics. ALSDI's alert serves as a reminder of the critical role civil society plays in monitoring governance and advocating for transparency in Nigeria's democratic framework.
