E-Business
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.
Ignatius Kaigama, Catholic Archbishop of Abuja, has warned that the misuse of artificial intelligence (AI) could pose serious risks if technological innovations are not guided by strong ethical principles.
Artificial intelligence is a branch of computer science focused on creating machines or software capable of simulating human cognitive processes.
Kaigama gave the warning on Sunday during his homily at St. Anthony Mary Claret Pastoral Area, Zuba, in the Federal Capital Territory,
He said that while artificial intelligence has enormous potential to improve lives, its irresponsible use could have harmful consequences.
Citing the teachings of Pope Leo XIV, the Archbishop said scientific and technological advances should serve humanity, uphold human dignity and promote the common good.
“We witness the misuse of human freedom, the unethical application of science and medicine, and now, in Artificial Intelligence,” he said.
The Catholic prelate also warned against what he described as an increasing pursuit of material wealth at the expense of moral values, saying greed and the love of money continue to contribute to many of society’s problems.
According to him, the excessive pursuit of wealth has diverted many people from the values of truth, justice and service, weakening the moral fabric of society.
TeKnowledge and Equinix announced a partnership to accelerate secure hybrid and multi-cloud adoption and enable AI-ready digital infrastructure across the region.
Nigeria’s digital transformation is accelerating rapidly, with the digital economy being a significant contributor to the country’s gross domestic product (GDP).
As demand for cloud services, AI adoption, digital payments and data-driven innovation continues to accelerate across West Africa, the partnership is positioned to advance the region’s digital transformation.
By combining Equinix’s in-country and global data centre infrastructure and secure interconnection capabilities with TeKnowledge’s expertise in designing, deploying and managing AI, data, customer experience and cybersecurity solutions, organisations can accelerate innovation while maintaining data residency and sovereignty requirements.
Together, the organisations empower enterprises and government institutions to bridge the gap between digital ambition and execution through secure, high-performance digital environments built on local infrastructure and delivered by local talent.
Speaking, CEO and President, TeKnowledge, Aileen Allkins, said: “Organisations across Africa are increasingly looking to modernise their infrastructure while maintaining the performance, security, and compliance required to support growth.
Through our partnership with Equinix, we are combining world-class digital infrastructure with deep local expertise to help customers accelerate cloud adoption, strengthen resilience, and unlock new opportunities through AI and emerging technologies.”
Managing Director of Equinix West Africa, Wole Abu, expressed delight at partnering with TeKnowledge to bring together Equinix’s globally interconnected platform, spanning over 280 data centres and 10,000 customers worldwide.
Uche Chigbo, coordinating director of Operations, National Identity Management Commission, (NIMC), has said the newly enacted NIMC Act strengthens data protection and privacy, expands identity coverage to include everyone in Nigeria and Nigerians in the diaspora, and provides the legal framework for a secure and trusted digital identity ecosystem.
She said the new law replaces the 2007 NIMC Act, which had become outdated due to rapid technological advancements, evolving cybersecurity threats, the growth of the digital economy, and the enactment of the Nigeria Data Protection Act.
According to her, the updated legislation better positions the Commission to deliver Nigeria’s digital identity agenda and improve access to government and private sector services.
“The Act itself has taken in a whole lot of things to make sure that NIMC is well-positioned to be able to deliver on the identity agenda and program of Nigeria. The area of universal coverage was expanded within the Act so that NIMC can enroll everybody that is within the soil of Nigeria—male, female, children, whether they are IDPs or orphans or whatever it is, and even Nigerians in diaspora.
“There is quite a lot within the Act that over the few days and weeks, even with my Director-General’s courtesy visit, we are trying to sensitize and educate the general public, and also bring awareness to this new Act so that people will know what are the rights that exist within it, what are the obligations, what are the stronger enforcement and penalties that has also been expanded within the Act, and then what are also the regulatory autonomy that has been given to NIMC to make sure that they drive the digital identity ecosystem in Nigeria,” she explained.
“There’s a lot of provisions and changes with the new Act. Um, the NIMC 2007 Act has been operating for close to 19 years now. So, we can see that, um, you can actually say it’s almost obsolete. And then with a lot of technological advancements in the world now, with the enactment of the Nigeria Data Protection Act, and then with also a lot of evolving security challenges, cybersecurity challenges, as well as the ever-growing digital economy, it became very necessary that a comprehensive review of the NIMC Act should be done.
So, that 2007 Act has been repealed and a new NIMC 2026 Act is in place,” she explained.
Chigbo clarified that the National Identification Number (NIN) is Nigeria’s unique identifier and the only valid means of identification for accessing government services.
She added that it enables secure identity verification and improves access to services.
“NIN has been designated as the unique identifier in Nigeria and then by the government of Nigeria establishing it as the only valid means of identification for assessing government services. So, NIN, it’s positioned to be a valuable tool for empowering citizens and legal residents to facilitate access to service delivery in Nigeria. And it’s also a tool for people to be able to prove their identity as they go about their daily businesses,” she said.
Speaking on identity harmonisation across government agencies, Chigbo said NIMC is integrating identity databases to enable Nigerians to access services seamlessly using the National Identification Number (NIN), while other agencies continue to issue functional identities for specific purposes.
“There’s a distinction between a foundational identity and a functional identity. NIMC provides the foundational identity, which answers the question, ‘Who are you?’ Are you a Nigerian or a legal resident? Who are you? That’s what NIMC is providing. All these other agencies that you have mentioned, they provide functional ID, which is an ID that relies on the foundational ID, where they have established who you are and then they are now trying to answer the question, ‘Are you now eligible to have these services? Are you now eligible to benefit from this transaction or scheme?’ So, those are two different distinctions.”
However, Chigbo said NIMC’s mandate is to harmonise and integrate identity systems across government, with the amended Act designating the Commission as the sole repository for biometric data.
“However, NIMC mandate is to make sure that we harmonize and integrate with all these agencies so that you’re one and the same person in any of the databases or registries that you have. The Act that has been expanded and amended also positions NIMC as the only repository for biometric data capture so that we can have effective identity management and coordination in Nigeria.
“So, that harmonization is already happening, the integration is already happening,” she stated.
She also disclosed that NIMC has introduced an online modification portal that allows Nigerians to begin the process of correcting or updating their personal information from the comfort of their homes or offices.
“But also, NIMC we have a modification portal that enables you to sit in the comfort of your home or office to be able to start the process of correction or updates of your data. We already have a self-service modification portal that allows you to make corrections,” she disclosed.
On the cost of obtaining a NIN, Chigbo clarified that enrolment and issuance of the National Identification Number are free.
She, however, noted that some other identity-related services attract approved fees, which are published on the NIMC website and paid electronically through the government Remita platform.
“Enrollment for the issuance of the National Identification Number, NIN, is free. There are other services, identity services that NIMC provide. Those ones have their charges, and those fees and charges are publicized on the NIMC website so that people can see what those charges are. And NIMC does not collect cash. Our transactions and the charges are paid electronically through the government Remita platform,” she said.
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