Impact Of Information Technology: The Foreseeable Necessity Of The Introduction Of Information Technology Law In The Nigerian Legal Education Curriculum -By Abass Mohammed Oluwatosin

We live in an ever expanding information society, in an era where global computer networks, mobile telephony and digital audiovisual transmission are essentially the basis of functioning and smooth running of the society. Law is one of the fields of study that must move ahead or at least along with changes in lifestyle, culture and technology.

Apparently in  Nigeria this change in the law appears rather tardy, especially in the adoption of information and communications technology (ICT) compliant laws. Taking  into  consideration the fact that technology has advanced the  customary way of life in Nigeria, it becomes quite a necessity that the law and the teaching of law in Nigeria must move accordingly. One of the ways this can be done is by developing a course of study that aggregates the impact and implications of ICT in areas like forensic, commerce, e-governance, Intellectual Property and   Contract   Law  into  one study  unit,  to  wit  Information  Technology  Law.  At present  the changes brought about by the use of technology can be seen in law, legal education, research and practice. For instance, students, researchers and lecturers can in the comfort of their study tables access millions of research materials online including laws and judicial decisions of Nigeria and other jurisdictions. Also the ICT industry is one of the fastest growing sectors in the economy. Latest trends show that the ICT sector is gradually taking the place of oil as a major contributor to Nigeria’s Gross Domestic Product (GDP). According National Bureau of Statistics (NBS), the second quarter of 2018 GDP report provides that the ICT sector recorded 11.81 per cent growth, while the oil sector contributed 8.55 per cent to Nigeria’s GDP in the second quarter of 2018, down from 9.61 per cent in the preceding quarter.

All these raise several legal implications that need to be fully addressed and understood by lawyers and judges in Nigeria relying on outside expertise and the best place to start this transformation and readiness is the classroom. The need for this readiness and transformation is further buttressed by the fact that there are still other areas that need to adapt to these developments. A good knowledge of the legal implications of  ICT  to our laws  will help in  the adaptation of  our laws.  For example our  Copyright and Trademarks Laws have no provision for domain name registrations, company code and the likes. Internet crimes like Cyber-crimes  including  hacking of accounts,  cyber-squatting, etc.,  are yet to  be properly covered. Our commercial laws did not  contemplate electronic transactions  and e-commerce – buying  and  selling through  online stores  like Ali express, Konga, Jumia,  Kaymu, and  OLX.  Information technology has unarguably brought the markets to the rooms of prospective customers; making commerce easier and less  cumbersome. One  can simply surf through  an online  market store, select the desired merchandise, place an order online or via phone call, and in a couple of days have the goods delivered to one’s door steps.  In the 2015 elections, the impact of information  technology in the voting and accreditation of voters. The card reader changed the way elections are run in Nigeria.

The use of electronic card readers for voters’ accreditation drastically reduced electoral frauds to the minimal, indeed each voter was assured that his vote cast will count; but we are yet to attain electronic voting as a viable electoral option. In our film industry, information technology has aided in promoting our home  made  movies  on  the  international  scene.  YouTube, Instagram  and movie websites and apps  like Netflix, IrokoTV, IbagaTV, ApataTV make our movies accessible all over the world. The talents and cultures of our people are thereby promoted and this inevitably attracts foreign investments in the tourism and culture sector including the Nollywood film industry. The above are only but a few  examples  of the impacts information technology has had on different spheres of our lives.  In law practice, the impact of information technology is very obvious. Law reports, Laws of the Federation of Nigeria, case management, law materials, etc. are all accessible online. They are also easier and faster to access and more updated than the hard copies. In proceedings before the court, information technology has made a lot of impact. Court proceedings are conducted faster where the judge employs a stenographer skilled in the use of computer and recording compared to where the judge resorts to handwriting.

It is against this backdrop, therefore, that we must recognize the dynamics and importance of information technology in our everyday life. We, therefore, posit that there is an urgent need to develop a full-fledged course on information technology law in Nigeria and not a hotchpotch of its rubrics spanning across several courses. The aim  therefore, is to analyze the impact made by information technology with respect to the Nigerian legal environment, laws, legal practice and legal education. Based on this evidence and the need for law and legal profession to maintain pace with the technological developments, a propose course on Information Technology Law as one of the law courses taught at the undergraduate level in our various Faculties of  Law.

Recommendations on how to Resolve the Challenges The following recommendations are made:

The Electronic Transactions Bill should be seen as a priority.

Legislations should be made to apportion liability where necessary in relation to ATM

card  frauds. Our  criminal laws should be expanded  to accommodate cyber-crimes.

Intellectual property laws also need amendments to reflect actions and infringements that can occur with the use of information technology. i.e Cyber act 2015

b. Institutions should make available information technology devices for their students so that the students can learn in tandem with the modern realities. Students should not only be taught the theories, they should be given opportunity to practice what they are taught.

c. The Nigerian Bar Association should adopt a base for the usefulness of ICT in the

legal profession. Also, the General Council of the Bar has to take another look at  the

Rules of Professional Conducts for lawyers that  prohibit advertising and soliciting and

make regulations for the use of websites for adverts. This is because, although the Rules

of Professional Conduct prohibits advertising except in  certain instances,  nevertheless,

the  activities  of  some  law  offices,  chambers  and  legal  practitioners  on  the  web  are tantamount to advertising.

d.      Nigerian Universities should upgrade their libraries to e-libraries and provide for forensic e-clinics. This can be facilitated by Tertiary institution trust fund.

e. Law faculties could reach out to IT companies for funding to help establish the course: companies  like  Microsoft Nigeria  and  telecommunications  companies  like  MTN and

GLO. They use this medium to fulfil their corporate social responsibility. It will also aid in their business if there is understanding of the applicable law to their business activities.  Private-public partnership in the funding of ICT centers, grants, scholarships should also be encouraged.  Establishment of ICT universities, engaging of foreign experts all over the world as lecturers both in the subsisting  and new ones.

g. It is high time information technology should  be considered as part of  the criteria for

appointment  of  judicial  officers.  They  need  to be  made  aware  of  the  potentials and

mechanics of  information technology.  For example,   a good  percentage of  business is

done online and also information technology is being exploited by criminals in all sorts of

crimes including fraud. Accordingly, judges ought to be ICT literate to be able to adjudge

the veracity  and weight  of evidence  adduced in  court. Again, judicial  proceedings in

court ought to be fully video-recorded and may be transmitted live to avoid delays in the

judicial process and mistakes in records. Stand-by generators should be put in place in the event that power supply fails.

h. Government should  continue to  show interest  in information  technology. This  can be done for example by the provision of ICT centers in all universities; making Nigeria ICT compliant by inviting more investors and making the economy conducive to competitors; by installing broadband cable in all parts of the country. Without such positive steps and requisite political will on the part of the government, there will be no meaningful impact or landmark.

Conclusion

The world in this 21st century has seen an unprecedented transformation with the emergence of ICT and its constant innovations and improvements. ICT seems to have pervaded and permeated every facet of life in today’s world. There is hardly any layer of human interaction, relationship or endeavor   that ICT  has not  directly or  indirectly affected in  Nigeria. Given  these  fact, it follows that  the law and  the development of  the country’s  legal  system  must  as  a  matter  of urgency and necessity adapt to these realities of ICT revolution. The law needs to respond and adapt to the ICT revolution. Information technology has greatly contributed to the growth and national development of this nation in various areas. But its further potential can only be imagined. To fully benefit from this growth and management of trade disputes that  will follow, we must prepare our lawyers  and judges  by  providing  them  with  up-to-date  knowledge  of  internationally  accepted  laws  and regulations on ICT related transactions. The development, introduction and teaching of ICT law in Nigerian law faculties is a good place to start.

PREPARED BY ABASS MOHAMMED OLUWATOSIN

FROM ABUJA, NIGERIA.

07038835195

olubora1@gmail.com