Law IT

 Digital evidence will play a greater role in the documentary evidence in courts

It is common knowledge that operations of the critical sectors of the Nigerian economy, such  as the financial sector, telecommunications, energy, aviation and others are increasing being automated and computerized.

The need to protect both the computer networks and the critical information infrastructure can never be over emphasized. Attempt have been made by technology its self to protect these networks in forms of fireworks and other technical security devices installed in the  computer systems, but experience have shown that without a legal framework to protect the networks and the critical information contained therein by the prohibition of certain  conduct considered harmful, the computer networks can never be really safe from unlawful attacks.

The implication of this is that technology by itself can not provide adequate security for computer network and critical information infrastructure, there must in addition be laws drafted and enforced to protect these systems from prohibited acts and also prescribing punishment for same.

There must be a greater synergy between Law and technology to protect the computer systems and networks and the critical information infrastructure. This synergy hopefully will be the  major driving force between Law and ICT generally whether from the judicial processes  employed or in the laws enacted on ICT based transactions or on internet or cyber crimes to ensure a greater security and safety regime for the country’s computer systems and its cyber space.

In Nigeria emphasis will hopefully be placed on enacting and strengthening domestic
legislations on computer systems and critical infrastructures while at the same time taking
maximum advantage of International collaborations under the international laws regimes to
deal with ICT related issues The Computer Security and Critical Information Infrastructure
Protection Bill 2005 is also expected to be scrutinized and subjected to public debate and
hopefully passed within the year. It has become of utmost importance that this is done
because it is quite unfortunate and in fact becoming embarrassing that up till now; they are
no specific laws in the country to deal with ICT transactions and protecting computer
systems and networks.

The above Bill seeks to “secure computer systems and networks and protect critical
information infrastructure in Nigeria by prohibiting certain undesirable computer-based
activities and for matters connected therewith” The Bill also provides criminal liabilities
and penalties for undesirable activities carried out using computers and other information
and communication technology devices.

Considering the seamless and borderless nature of ICT transactions and cyber activities it
is expected that there will be greater co operation with other nations and International
bodies particularly in area of exchange of information, data and capacity building. It is
also expected that Nigeria will assent to relevant treaties and conventions in this regard,
such as the European Convention on cyber crimes.

In addition to strengthening the substantive laws, it is further expected that the judicial
process would also take ICT to the next level by not just applying technology to its
processes but by deciding on core ICT related cases and formulating sustainable judicial
precedents from them. It is worthy to note that the judiciary in the past, without much
technical facilities available or precedents within its jurisdiction has successfully dealt
with the challenges posed by technology, particularly on issue relating to electronic and
digital evidence. However within the year there must be a deliberate and conscious effort by
the relevant authorities to reform the judiciary to be totally ICT complaint particularly in
the applicable rules of court, ICT training of all its functionaries and handling of
electronic evidence. It is suggested that both the envisaged ICT reforms of the judiciary
must be done at the same with deploying technology to the entire judicial processes in
states which are yet to do so.

• To be continued
 

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