May Policy Trend Trail

INTRODUCTION

The May Policy Trend Trail covers a wide range of policy developments across various sectors including education, urban development, social governance and health. The policies reflect the government’s concerted effort towards strengthening regulation, improving citizens’ welfare, promoting data protection and governance and enhancing institutional accountability.

POLICIES

THE NEW URBAN PLANNING AND BUILDING CODE REFORM IN OGUN STATE

The Ogun State Government rolled out five Urban Planning Regulations namely- Ogun State Planning and Development Permit Regulation, 2025, Ogun State Slum Regeneration Regulation, 2025, Ogun State Building Production Management Regulation, 2025, Ogun State Outdoor Physical Furniture Regulation, 2025, and Ogun State Layout and Land Subdivision Regulation, 2025 (the “Regulations’’).

The Ogun State government also domesticated the National Building Code, 2007 giving rise to the Ogun State Building and Construction Code, 2025 (the “Code”). The Code and Regulations were enacted to improve physical development, curb the recurring incidence of building collapse and address the growing problem of unregulated urban expansion.

The reform is also part of Ogun State’s strategy to strengthen the land use management system and promote a more organised urban growth in the rapidly developing areas across the state. A major focus of the policy reform is the introduction of stricter framework for building approvals, construction standards, zoning compliance and environmental planning whilst strengthening coordination between developers and regulatory authorities. The reform is targeted at tackling recurring issues such as slum development, illegal structures, weak construction standards and poor drainage systems that have contributed to environmental and safety risks in urban communities.

In addition, it imposes more development rules and higher compliance expectation on residents, developers and associated businesses. Although this may increase approval procedures and regulatory scrutiny for developers, the government has mitigated this impact by ensuring that these procedures are digital and widely accessible.

The long-term objective is to create safer buildings, better infrastructure planning, increase the number of habitable spaces, improve property values, reduce disaster risks and support investment confidence in the state’s real estate sector. On economic impacts, the reform positions Ogun state as a viable real estate domain with the newly structured urban management combined with the population expansion linked to its proximity to Lagos state.

PUBLIC HEALTH SAFETY POLICY OF LAGOS STATE: BAN ON THE USE OF PETROLEUM TANKERS FOR EDIBLE OIL TRANSPORTATION

The Lagos State Government prohibited the use of petroleum tankers for the transportation of edible oils, as a measure to protect public health and improve food safety standards. The policy is primarily designed to address the health risks associated with chemical contamination, particularly, those associated with residual petroleum substances inside tankers which can contaminate edible oil if the same tanker is used to transport both substances, exposing consumers to toxic chemicals and long-term health complications.

The government noted that the absence of proper cleaning and certification standards has created a major food safety gap within the transportation and supply chain system and as such, the government has taken a decisive step by banning the use of petroleum tankers to transport edible oil. This policy is expected to improve confidence in food safety and reduce exposure to contaminated products in the market. Transport operators and businesses within the edible oil supply chain, now have a stricter compliance obligation, which may impact the operational costs as companies transition to dedicated food safety transportation systems which may then affect the prices of edible oil.

The ban is a preventive regulation and public health protection measure within Lagos State’s governance framework. It also highlights increasing regulatory attention on supply chain standards, consumer welfare and industrial accountability.

AMENDMENT OF THE NIGERIA DATA PROTECTION ACT, 2023 BY THE NATIONAL ASSEMBLY 

Earlier this year, several Nigerian Ministries, Departments and Agencies (MDAs) experienced cyberattacks on their official websites, resulting in temporary shutdowns, public disclaimers and notices warning Nigerians about the increasing risks posed by cyber threats. These incidents together with emerging global developments like Artificial Intelligence and cross-border cybercrime, have further highlighted the growing concerns surrounding cybersecurity, cyber threats, digital fraud and the vulnerability of personal data in an increasingly digital environment.

In response to these developments, the National Assembly has commenced efforts to amend the Nigeria Data Protection Act, 2023 (NDPA 2023) with the aim of strengthening Nigeria’s legal and institutional framework for data governance across both the public and private sectors.

This amendment process is driven by concerns that the current law may no longer be sufficient to address emerging cybersecurity realities, particularly the sophistication of cyberattacks, data breaches and unauthorised access to sensitive information. Lawmakers and stakeholders have proposed stronger enforcement mechanisms, clearer compliance obligations and more robust penalties as necessary measures to protect citizens and institutions operating in the digital space. The proposed amendments are also expected to improve coordination between data protection and cybersecurity agencies.

This reform will provide more stringent obligations on how personal information is collected, stored, processed and shared. All companies dealing with individual’s personal data may face stricter compliance standards and increased accountability for data handling practices. The concerted efforts of the National Assembly are aimed at strengthening privacy rights and reducing exposure to identity theft, fraud, misuse of personal information and other vulnerabilities associated with cyber threats.

The proposed amendment reflects Nigeria’s effort to build trust in its digital economy and align with evolving global standards on data governance. A stronger data protection framework would improve investor confidence in Nigeria’s technology sector and support cross-border digital trade. While the amendment process has just begun, the effectiveness of the reforms will depend on the timely enactment of the amendment.

THE ALTERNATIVE EDUCATION AND LEARNING POLICY AS A SOLUTION TO NIGERIA’S OUT OF SCHOOL CRISIS

The Federal Government introduced an Alternative Education and Learning Policy (AELP) targeted at addressing Nigeria’s growing out-of-school children crisis. The policy seeks to create flexible and inclusive learning pathways for children and young persons who are unable to access conventional schooling due to poverty, insecurity, displacement, child labour or social barriers.

The approach adopted moves beyond the traditional classroom model by promoting community-based learning, non-formal education systems, digital learning opportunities and vocational support programmes specifically curated for persons who make up the vulnerable groups. The policy is intended to reintegrate millions of out-of-school children into structured learning while reducing the long-term social and economic risks associated with mass educational exclusion.

From a policy perspective, the initiative addresses deep structural problems within Nigeria’s education system, particularly unequal access to education across rural and conflict-affected areas. It is also a great attempt at recognising that the standard schooling models may no longer be sufficient to accommodate the realities faced by many children outside the formal education system.

The implications on the education sector and society are significant, as the expansion of access has the potential of improving literacy, reducing poverty and youth vulnerability to crimes and strengthening human capital development over time. However, this policy is only the first step in addressing the problem, because not much has been done to cater to the underlying problem of why there are many children out of school. Whilst the government is applauded for their solution-driven mandate, it is equally important that efforts be directed toward addressing the root causes of the crisis in order to prevent its prevalence.

CBN WIDENS POS GEO-FENCING RADIUS AND EXTENDS COMPLIANCE DEADLINE: WHAT IT MEANS FOR FINANCIAL INSTITUTIONS, FINTECHS AND BUSINESSES

The Central Bank of Nigeria (CBN) announced an adjustment to its geo-fencing requirements for Point-of-Sale (PoS) terminals by increasing the permissible operating radius from 10 metres to 70 metres and extending the enforcement deadline to 1st August, 2026. The decision follows consultations with industry stakeholders who raised concerns about the practical challenges associated with implementing the initial requirement.

The development stems from the CBN’s regulatory reforms in the agent banking and payments ecosystem introduced in 2025. Under the revised framework, financial institutions, fintech companies, mobile money operators, payment service providers and super agents are required to geotag and geo-fence PoS terminals with the National Central Switch (NCS) to ensure that they operate within the newly increased radius of 70 metres. The decision to increase the radius was a response to complaints by stakeholders following consultation, where they noted that the previous radius of 10 metres was very restrictive for large businesses. In addition, concerns were raised regarding GPS accuracy, network limitations and operational realities in rural and semi-urban communities. By expanding the radius to 70 metres, the CBN has retained the core objective of location-based monitoring whilst introducing greater operational flexibility for legitimate businesses.

Also, the extension of the enforcement deadline to 1st August, 2026, similarly reflects the implementation challenges faced by financial institutions and payment service providers. Compliance with the geo-fencing requirements involves system upgrades, terminal geotagging, integration of monitoring tools, agent location verification and adjustments to internal compliance frameworks. The additional implementation period provides stakeholders with more time to complete these processes and ensure full compliance. The evidence of compliance is to be addressed to the Director, Payments System Supervision Department via paymentdata@cbn.gov.ng on or before 31st July, 2026.

The objective of the geo-fencing requirement is to improve transparency and accountability within Nigeria’s rapidly expanding PoS and agency banking sector. Over the years, regulators have become increasingly concerned about the misuse of PoS terminals for fraudulent activities, identity theft, money laundering, cash cycling and other financial crimes. In many cases, terminals are transferred between operators or deployed in locations different from those originally registered, making it difficult for regulators and law enforcement agencies to trace transactions and investigate suspicious activities.

With the requirement for PoS terminals operators to operate within designated geographical boundaries, CBN seeks to strengthen transaction traceability and enhance the integrity of the payments system. The framework will enable regulators and financial institutions to verify where transactions are conducted, identify unauthorised terminal movements and establish clearer audit trails during investigations. The measure also aligns with the CBN’s ongoing efforts to strengthen anti-money laundering, counter-terrorism financing and consumer protection frameworks across the financial sector.

From a legal, regulatory and policy perspective, this development is particularly relevant and poses different responsibilities for various persons -with financial institutions, fintech companies, mobile money operators and super agents, there is a need to review their compliance frameworks to ensure alignment with the revised requirements. This may involve updating agent banking agreements, strengthening monitoring and reporting mechanisms, conducting compliance audits and reviewing risk management processes.

The new framework also raises important data protection and privacy considerations. Geo-fencing relies on the collection, processing and storage of location data, which may constitute personal data under applicable data protection laws where it can be linked to identifiable individuals. Organisations implementing geo-fencing solutions must therefore ensure compliance with the provisions of the Nigeria Data Protection Act 2023, including lawful processing requirements, transparency obligations, data security measures and appropriate privacy notices.

For corporate entities operating extensive distribution networks or agency arrangements, the development serves as a reminder of the increasing use of technology-driven regulatory oversight by government agencies to improve compliance, reduce fraud and strengthen accountability. Similar approaches may emerge in other regulated sectors such as telecommunications, transportation, insurance and digital commerce.

From a policy standpoint, the most important takeaway is that the CBN is gradually transforming PoS terminals from simple payment devices into highly regulated and traceable components of Nigeria’s financial infrastructure. The revised geo-fencing framework demonstrates the regulator’s commitment to strengthening oversight of the payments ecosystem while balancing operational realities faced by industry participants. Although the extension and increased radius provide some flexibility, the policy direction remains unchanged: PoS transactions must become more transparent, traceable and accountable.

REVISION OF THE NATIONAL TELECOMMUNICATION POLICY

The Nigerian Communications Commission (NCC) commenced the review of Nigeria’s National Telecommunications Policy 2000 (the “Policy”). This is significant because the Policy is widely known for liberating Nigeria’s Telecommunications sector by paving the way for the Global System for Mobile Communications (GSM) revolution, which transformed communication in Nigeria. Prior to the Policy, the Nigeria Telecommunications Sector (NTS) was largely dominated by Nigerian Telecommunications Limited (NITEL), with extremely low telephone penetration and limited access to communication services. However, the Policy opened the NTS to private participation and facilitated the licensing of operators such as Econet Wireless Nigeria (now, Airtel Networks Limited), MTN Nigeria Communications Plc (MTN) and Globacom Limited (Glo), all of which laid the foundation for Nigeria’s digital economy.

The review has become necessary as the 2000 Policy no longer reflects the current digital realities of Nigeria. When the Policy was developed, the focus was primarily on expanding telephone access, encouraging competition and attracting investment into telecommunications. Over the years, there have been new technologies e.g. Artificial Intelligence (AI), cloud computing, 5G networks, satellite broadband, Internet of Things (IoT), social media platforms and large-scale e-commerce like fintech, digital banking and digital identity systems, which have expanded the NTS beyond communications to other sectors, with the NTS being a major infrastructure that powers every sector of the Nigerian economy including banking, commerce, healthcare, education, agriculture, public service delivery, national security and innovation.

Furthermore, the growing number of operational and regulatory challenges confronting the NTS led to the decision to review the Policy. Stakeholders have consistently raised concerns regarding multiple taxation, overlapping regulatory requirements, right-of-way bottlenecks, delays in obtaining infrastructure deployment permits, vandalism of telecommunications infrastructure (such as cutting fibre optic cable) and rising energy costs. These issues continue to increase the cost of doing business for operators, ultimately affecting consumers through poor service quality and higher costs.

In addressing these issues, the review by the NCC is focused on repositioning Nigeria’s telecommunications framework for the digital age. One of the key proposals is the inclusion of a new broadband chapter focused on expanding connectivity across the country and improving digital inclusion, especially in underserved and rural communities. This is important because broadband penetration is increasingly becoming the foundation for digital services, remote work, online learning, fintech, e-commerce and AI adoption.

Additionally, the proposed policy seeks to strengthen the protection of telecommunications infrastructure by recognising key infrastructure assets such as fibre optic cables, network towers and communication facilities as critical national infrastructure. This is particularly relevant given the recurring incidents of fibre optics cable vandalism which have caused major service disruptions across the country. The review further proposes reforms aimed at addressing one of the telecom sector’s longest-standing challenges: Right of Way (RoW). Telecommunications operators have consistently complained that varying charges imposed by state and local governments significantly increase the cost of laying fibre optic cables. The new framework seeks to harmonise RoW charges across the federation and establish a more streamlined approval process for infrastructure deployment.

Another major reform relates to internet governance and digital services. The NCC is proposing revisions to existing provisions on internet regulation to address issues such as online safety, content moderation, digital platforms, internet exchange protocols and emerging digital services. There are also plans to update the satellite communications framework to accommodate the increasing importance of satellite broadband services and the coexistence of terrestrial and non-terrestrial communication networks., all of which reflects the growing realities of the Nigerian telecommunications ecosystem.

The Policy review is also expected to create space for emerging technologies such as AI, cloud computing, 5G, IoT and cybersecurity regulation, as these technologies are increasingly shaping economic growth, innovation and public service delivery. Consequently, a modern telecommunications framework must provide the infrastructure and regulatory environment necessary to support these technologies.

The implications of the Policy review are substantial as it could improve broadband access, attract additional local and foreign investment, enhance digital inclusion and lower infrastructure deployment costs. Ultimately, these reforms will improve quality of service and strengthen Nigeria’s competitiveness within the global digital economy, directly supporting the government’s ambitions around digital transformation, innovation, job creation and economic diversification.

All key players, market operators, fintech companies, digital platforms, technology startups, cloud service providers, investors and multinational technology companies in the NTS are likely to be affected by this emerging framework. The reforms could create new compliance obligations, licensing requirements, investment opportunities and regulatory expectations. Businesses operating within these sectors will require proactive support to navigate the evolving regulatory landscape, engage effectively with policymakers, manage compliance risks and position themselves strategically as the new framework takes shape.

THE SENATE’S PROPOSED AMENDMENT TO THE ELECTORAL ACT, 2026

In May, the National Assembly recorded one of the most significant electoral reforms ahead of the 2027 general elections as the Senate passed an amendment to the Electoral Act, 2026 aimed at addressing the long-standing problem of conflicting court judgments in pre-election disputes. The proposed amendment seeks to tackle the widespread practice known as “forum shopping,” where political actors and litigants deliberately file the same or similar cases in multiple courts across different states in search of favourable rulings, injunctions or judgments.

Under the previous legal framework, disputes arising from party primaries, candidate nominations, substitution of candidates and qualification of aspirants could be filed before several courts, including the Federal High Court, State High Courts and the High Court of the Federal Capital Territory (FCT). This was practicable because the law did not sufficiently streamline the jurisdiction for pre-election disputes and as a result, litigants frequently exploited the flexibility within the judicial system by instituting multiple suits simultaneously in different judicial divisions across the country.

In practice, this meant that where there was a disagreement over who validly emerged as a party’s governorship, National Assembly or presidential candidate, different factions within the same political party could approach different courts at the same time seeking conflicting orders. Since courts of coordinate jurisdiction, i.e. courts of equal legal status do not possess authority to overrule one another, this frequently resulted in contradictory judgments on the same political dispute.

The implications of this situation were often severe. In many election cycles, the Independent National Electoral Commission (INEC) found itself caught between multiple conflicting court orders directing INEC to recognise different candidates for the same election. Political parties sometimes submitted different candidate names to INEC based on separate judgments obtained from different courts. In some instances, candidate’s name changes repeatedly or shortly before elections, while in other situations elections proceeded while litigation remained unresolved, leading to post-election removals of elected officials after appellate decisions were eventually delivered. These developments have created uncertainty within the electoral process, disrupted election planning, complicated ballot production and logistics and weakened public confidence in both the judiciary and Nigeria’s democratic institutions.

With the Senate’s proposed amendment, seeking to create a more centralised and clearly defined jurisdictional structure for pre-election disputes, all pre-election matters relating to governorship, deputy governorship, National Assembly and State House of Assembly elections are to originate only at the Federal High Court, while appeals arising from those decisions are to proceed to the Court of Appeal. In relation to presidential pre-election disputes, the proposed amendment introduces a streamlined procedure by providing that such matters should originate directly at the Court of Appeal, with final appeals proceeding only to the Supreme Court. This effectively removes the Federal High Court from the first stage of presidential pre-election litigation to accelerate the resolution of disputes relating to presidential elections.

The proposed amendment significantly reduces the role previously played by State High Courts and the High Court of the FCT in handling most pre-election disputes. Litigants would therefore no longer possess the same degree of flexibility to move across multiple courts nationwide in search of favourable judgments. Instead, the amendment will establish clearer jurisdictional boundaries and a more predictable judicial pathway for electoral disputes.

Another major objective of the amendment is to improve electoral certainty and assist INEC in finalising candidate’s list earlier and more efficiently ahead of elections. One of the recurring operational challenges faced by INEC over the years has been uncertainty surrounding the final legal status of candidates’ electoral position due to ongoing litigation and conflicting court orders. This is now being cured by the proposed amendment to reduce unnecessary delays and improve stability within Nigeria’s electoral system.

The amendment also represents a judicial credibility reform. Over the years, repeated instances of contradictory electoral judgments have generated public criticism of the judiciary and contributed to perceptions that electoral litigation is susceptible to political manipulation. By attempting to reduce forum shopping and eliminating opportunities for litigants to manipulate jurisdictional loopholes, the National Assembly is seeking to restore predictability, consistency and discipline to electoral adjudication in Nigeria.

The reform may also indirectly pressure political parties to improve the transparency and credibility of their internal primary processes. Since there may now be fewer opportunities to manipulate court processes after flawed party primaries, political parties may be compelled to strengthen internal dispute resolution mechanisms and improve compliance with electoral guidelines during candidate selection exercises.

From a legal and constitutional perspective, however, the amendment may still generate debates and future judicial interpretation once enacted. Some legal scholars and practitioners may argue that restricting where litigants can institute pre-election matters could raise constitutional questions regarding access to court, judicial powers and the constitutional jurisdiction of superior courts of record. Consequently, aspects of the amendment itself may eventually become subject to interpretation by appellate courts and potentially the Supreme Court.

Overall, the amendment is a landmark attempt by the National Assembly to make Nigeria’s pre-election dispute resolution system more orderly, predictable, efficient and less vulnerable to conflicting judicial outcomes ahead of future elections, including the 2027 general elections.

CONCLUSION

The policy developments recorded in May 2026 emphasised strengthened institutional oversights, citizen protection, sustainable development and risk mitigation. The policy reforms addressed issues ranging from urban developments, consumer protection to data privacy, education, elections and political governance, health and telecommunications.

A commendable effort is the increased focus on preventive regulation, with policymakers, prioritising risk mitigation, accountability and long-term system efficiency. These measures have implications for access to essential services, consumer welfare, heightened compliance expectations and a more structured regulatory environment, which demonstrate an evolving policy landscape that seeks to balance economic growth with social protection and good governance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.