Jimson Proposes Overhaul of Cybersecurity Measures in Light of UN Resolutions
In response to the evolving landscape of online threats and the imperative to align with global standards, Nigeria is considering a comprehensive overhaul of its cybersecurity infrastructure.
Dr. Jimson Olufuye, the Chair of the Advisory Council of Africa ICT Alliance, advocates for fundamental changes in the existing Cybercrime Act of 2015.
During the public hearing on November 22, 2023, at the National Assembly complex for the amendment of the Cybercrimes (Prohibition, Prevention) Act 2015, Dr. Jimson Olufuye, Principal Consultant at Kontemporary Konsulting Ltd and Chair of the Advisory Council at AfICTA, presented a memorandum to the Joint Committee of the Senate and House of Representatives on National Security & Intelligence, and Cybersecurity.
He suggested changing the Act’s title to the Nigeria Cybersecurity Act 2023 to align with the United Nations Economic Commission for Africa (UNECA) recommendation for a model Cybersecurity Law, emphasizing security in addition to combating cybercrime.
Referring to Section 38(1), Dr. Jimson Olufuye advocated for a revision from “Records retention and protection of data by service providers” to “Data preservation and protection of data by service providers.” His reasoning includes ensuring consistency in discussing data rather than records and emphasizing the term “preservation” over “retention” for various reasons. His further submission can be accessed through the document below.
United Nations’ Emphasis on Cybersecurity
The United Nations Human Rights Council’s resolution of July 2012 underscores the importance of safeguarding citizens’ rights in the digital realm. This has prompted a global recognition that rights, including security, extend seamlessly from the physical to the online world.
Case for a Dedicated Cybersecurity Agency
Dr. Olufuye argues for the creation of an Agency for Cybersecurity Coordination and Cybercrime Enforcement (A3CE), operating under the Office of the National Security Adviser (ONSA). This agency would coordinate various Computer Emergency Response Teams (CERTS), safeguard Critical National Infrastructure (CNI), conduct cyber research and intelligence, and prosecute cybercrimes.
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International Models and Nigeria’s Lagging Response
Several nations, including Togo, Rwanda, Ghana, the European Union, and the United States, have established dedicated cybersecurity agencies to address the evolving digital threats.
Nigeria, however, lags behind in adopting and ratifying international cybersecurity conventions, exemplified by its inaction on the Africa Union Convention on Cybersecurity and Personal Data Protection.
Drawbacks in the Current Cybercrime Act
The current Nigerian Cybercrime Act of 2015 faces implementation challenges due to an ineffective mechanism, the absence of a coordinating body, and conflicting directives on law enforcement procedures during cybercrime investigations.
Proposal for a Title Change: Nigeria Cybersecurity Act 2023
Dr. Olufuye recommends a title change to the Nigeria Cybersecurity Act 2023, aligning with the United Nations Economic Commission for Africa’s model Cybersecurity Law. This proposed shift emphasizes the need to prioritize cybersecurity over merely combating cybercrime.
Global Collaboration: The Lome Declaration and African Centre for Cybersecurity
The Lome Declaration on Cybersecurity and Fight Against Cybercrime, agreed upon by African Heads of States (excluding Nigeria), signals a commitment to establish frameworks to combat cybercrime.
The recently formed African Centre for Coordination and Research in Cybersecurity (ACCRC) in Togo aims to facilitate this collaboration.
Key Amendments Proposed by Dr. Olufuye
Dr. Olufuye suggests crucial amendments to the Cybercrime Act, focusing on data preservation by service providers.
He recommends a change in terminology from “Records retention” to “Data preservation” to maintain consistency and reduce the burden on service providers.
Additionally, he calls for specifying the type of traffic data to be preserved to prevent unnecessary economic strain.
In conclusion, Dr. Jimson Olufuye’s proposals aim to transform Nigeria’s approach to cybersecurity, aligning it with international standards and emphasizing the importance of proactive measures over reactive responses.
The potential overhaul is not only crucial for national security but also for economic development, as demonstrated by recent research indicating a positive correlation between cybersecurity maturity and GDP per capita.
