The need for an interdisciplinary study in ICT and Law in Nigeria

There is no doubt that the application of ICTs in almost all facets of human existence, ranging from health to commerce, has rapidly shaped and reshaped the modern world. In fact, advances in these technologies have been so fast that laws that are meant to regulate them quickly become obsolete within months, if not days after enactment. The ingenuity with which new computer technologies are being developed calls for a deeper inquiry into the interaction and impact of ICTs in any legal system. Even though new terminologies are being added into the legal dictionary, new crimes into the criminal code, the traditional mode of justice system sometimes seems to be coming increasingly obsolete. The repercussions of ICTs have to a large extent forced laws to adjust to the technology; in some cases, software code actually becomes the law. Often, we use terms such as e-commerce, e-signature, e-banking, etc, without understanding how these applications have affected our traditional mode of contract and consumer protection. We daily engage in online transactions without minding their legal consequences.

Arguably, the legal framework for the regulation of this new culture goes beyond the traditional legal regime. It would not be out of place to propose a new legal paradigm if law and order is to be maintained in the digital world. While it is admitted that law should not be used to stifle technical innovation, it is also fair to speculate that we may have digital anarchy if the wild fire of ICTs is not checked by the law. Imagine what cyberspace would look like if radio frequencies, the Internet and broadband networks were not controlled. How would consumers be treated in online transactions with the asymmetric information that exists between the parties if consumer protection were not extended to such activities? How far could personal data be exploited and manipulated in the ubiquitous computer systems if data protection laws were not in place? To what extent will our offline human rights be enforceable in the online world if no legal bridge is made between the two? Developed nations are still battling with solutions to the above questions despite the plethora of laws adapted to the digital age existing in those nations. What then shall be the fate of developing nations like Nigeria that have embraced the application of ICTs without a legal system that is suited to tame its wild fire?

Undoubtedly, information and knowledge have increasingly become essential resources and raw material in the globally networked economy. And it is understandable that the developmental gap between Africa and the rest of the world would have continued to widen if Africa had not embraced ICTs. Indeed, this technological adoption can lead to a positive leapfrog effect. Africa can exploit these technologies to become fully integrated into the global economy and accelerate its socio-economic development. Kenya is currently being referred to as the “Silicon Savannah” due to the remarkable exploits in its ICT sector. From just one undersea cable in the year 2000 to twenty in 2014, the successful take-off of the 4G network in Nigeria shows a remarkable impact of this success story. With such a high speed broadband network, more individuals and corporate bodies will optimise their use of information systems. Businesses that have not gone ‘digital’ will do so not only because of the affordable price occasioned by the competition in the market, but also as a result of the tremendous growth in the use of the Internet in everyday life of the average Nigerian. The 2013 ranking of Internet usage places Nigeria first in Africa, recording slightly above 67 million users and representing about 28 percent of all African users. This, no doubt, is evident in the rapid evolution of platforms for online shopping, online banking, e-learning and e-government in the country. There has equally been a consolidation of Internet service providers with over 100 of them in 2014.

But the mind-boggling questions are: have the preconditions – social and legal, for the smooth application of these technologies been met before embracing them? Is Nigeria’s and indeed Africa’s legal environment ready for the repercussions of ICT? While this significant growth in Nigeria’s ICT sector is a positive thing, the attendant consequences have been neglected. One survey in global cybercrime placed Nigeria third behind the US and the UK. Nigeria is also ranked number one in the Internet scam rating. Africa as a whole has once been described as a weak link in the information security chain, representing a hub where large scale denial of service (DoS) attacks could be launched. Indeed, increases in cybercrime; in unfair practices against online consumers; and in personal data breaches, etc., would have been expected had a proactive impact assessment been undertaken before the influx of these technologies because of the lack of laws addressing the issues. There was and still is no mitigation plan in the system to check these vices. As seen in most African legal systems, there are no adequate measures in place, neither legally nor technologically, to either forestall, punish or respond quickly to sudden and massive attacks against ICT infrastructure. These infrastructures are built on shallow regulatory foundations.

The need for an interdisciplinary study in ICT and Law in Nigerian universities cannot be overemphasized.  ICT and Law is an evolving interdisciplinary legal science that has two orientations, namely: the legal uses of ICT, and the legal regulations of ICT applications. In essence, the study should investigate the preconditions, applications and repercussions of ICTs on the Nigerian legal system. In a broader sense, it will encompass the social and economic implications of information use in Nigeria, as well as the technical aspects of ICT. This is important because the information society represents a modern phenomenon of globalization. New business paradigms, policies and tools brought by this phenomenon are having the effect of transforming social systems, as well as posing new legal challenges. These challenges stem from social changes due to the unprecedented scope, anonymity, interlinkage and reproducibility associated with digital information and computer networks that make up the infrastructure of the information society.

An inquiry into the relationship between ICT and Law has a lot of benefits. It can empower civil society by providing the means and ways of making information and knowledge widely available. It can also ensure accurate measurement of the impact of cyber laws on society. It will enable a first-hand legal inquiry into the present structure of ICTs in Nigeria. The knowledge from such interdisciplinary research in Nigeria will bring about certainty, confidence and the reign of the rule of law within her cyberspace. This should be the focus of this study. It should also aim at training lawyers and non-lawyers who will facilitate future developments in this area. Above all, it will bring Nigeria up to par with other information societies, and will also stimulate the thinking of students for further inquiry and expansion of knowledge on issues bordering around intellectual property, data protection, peace and security, international law, internet governance, democracy and human rights. Most importantly, it will give a sense of direction to the Nigerian legislature which appears not to have a focus on these issues. 

Iheanyi Samuel Nwankwo

Institute for Legal Informatics

Leibniz University, Hannover

IHEANYI NWANKWO