Experts Say Cybercrime Law Has ‘Fundamental Flaws’

Legal luminaries and other key stakeholders in the nation’s Information and Communication Technology (ICT) industry have picked holes in the some provisions of the Nigerian Cybercrimes Act 2015.

According the experts who spoke at a Technology Times organized review of the Nigerian Cybercrimes Act 2015, the law contains fundamental flaws.

The Act was one of the many bills passed into law by the National Assembly and signed by ex-President Goodluck Jonathan at the twilight of his administration.

Mr. Basil Udotai, managing partner, Technology Advisor, who reviewed the Act, said Nigeria ranks third in the list of countries with high cybercrimes rates globally, saying this requires that “we put in place a robust laws that helps to checkmate the growing rate of cyber crimes in the country.”

According to him, though the law is comprehensive enough, it is beset with some challenging components.

He said: “It was interesting that, at last, Nigeria has been able to put in place a law, however, the Act does not recognise a single enforcement institution, which is an aberration and a development that may lead to confused legal strategy.

“Also, the law is too heavy on the financial sector, thereby making it overtly transactional.”

While noting that the rod to having the law passed was long and tortuous, Udotai explained that “ICT is the only sector that is doing well in Niger and we cannot afford to be lax in coming with law on cybercrimes.”

As such, he explained that there are already existing cyber laws in developed countries which are of international standard that Nigeria can adapt to without necessarily making its cybercrime law cumbersome, all in the name of wanting to be original.

“We don’t need to be inventive; we just have to be creative,” he said, noting that he was not also sure that there were public hearings held to discuss the Cybercrimes Bill before its eventual passage into law.

Mr Sina Badaru, the  event convener and founder, Technology Times, said there was an urgent need to ensure that “our cybercrimes laws is robust enough to take care of the various sector of the economy which is currently being reshaped by ICT and in a way that it continues to build investors’ confidence in the nation’s economy.”

According to him, “Nigeria’s ICT sector has attracted over $32 billion investment in the past 14 years of the sector’s liberalization and we cannot afford not to protect this investment and by extension, protect our digital domains and the be prepare for the emerging cyber welfare.” 

Mr. Alex Muoka, ex-chairman, Nigerian Bar Association, Lagos Branch, described the Cybercrimes Act as “the most unclear piece of legislation that I have ever seen because there are a lot of lacunas, lacking provision with regards to the enforcement institutions. I, therefore, foresee a big work for lawyers in using the law.”

Mr. Edet Emmanuel, head, legal Services & Board Matters Unit, National Information Technology Development Agency (NITDA), said the law is technically asking for the impossible as there is a ‘very big gap that exists in the law.”

According to him, “The law also dabbles into the consumer laws that ordinarily should not be a subject matter of the law. The law is meant to prescribe punishments for anyone, who commits cybercriminal offences in the country.

“Most of the provisions in the laws are too specific, whereas in law, we should be more generic so that the law will still be applicable in case the current variables specifically mentioned by the law experiences alterations.

“So, for me, I want to believe that the Act has fundamental flaws, which I also think can be addressed to make the law of international standard.

Also, Mr. Femi Awoyemi, group chief executive officer, Proshare Nigeria, said “What we face really is the case of two worlds, the old ways and the new trends being gradually shaped with technology.

According to him, “Cybercrimes are not something we van just afford to toy with. It is the way of life for social, economic and politician interaction and that is why we should have put individuals who are not only versed in the traditional world but understand the future trends being changed by technology in coming up with our laws in Nigeria.”

Mr. Sunday Afolayan, president, Nigeria Internet Registration Association (NIRA), explained that a lot of people were not aware of the law so that they would be fully carried along to know that ‘a cybercrime law is not consumer protection and it is not data protection but rather should be a robust law the addresses both preventive and defensive approaches to tackling cybercrimes.’

According to him, “Cybercrimes laws should not only be enforced when the crime has been committed but also seeks to prevent cybercrimes from being committed.”

A Consumer rights advocate, Mrs. Sola Salako, called for a need to ensure that the law protects digital consumers in their daily activities.

In the light of the many identified gaps in the law, Mr. Tobe Okigbo, chief corporate services Officer, Smile Communications Nigeria Limited, called for an increased multi-stakeholders’ engagement towards addressing the challenges in the new law.