Section 54 Nigeria Data Protection Act 2023
Section 54 of the Nigeria Data Protection Act 2023 is about Limitation of suits against the Commission. It is under Part XI (Legal Proceedings) of the Act.
(1) A suit shall not be instituted against the Commission, a member of the Council, or staff of the Commission for an act done under or in execution of this Act, or any public duty of the Commission, unless —
(a) it is commenced within three months after the act, neglect, or default complained of ; or
(b) in the case of continued damage or injury, within three months after
the ceasing of such act, neglect or default complained of.
(2) A suit shall not be commenced against the Commission, a member of the Council, or staff of the Commission before the expiration of one month after written notice of intention to commence the suit is served on the
Commission, a member, or staff of the Commission by the intending plaintiff or plaintiff’s agent.
(3) The notice referred to in subsection (2) shall clearly state the —
(a) cause of action ;
(b) particulars of the claim ;
(c) name and place of abode of the intending plaintiff ; and
(d) relief sought.
(4) Subject to the provisions of this Act, the provisions of the Public Officers Protection Act, shall apply in relation to any suit instituted against an official or employee of the Commission.
