Monthly Archives

March 2019

Groups Sue Gbenga Olorunpomi and Lauretta Onochie Over “Hate Speech”

By | Press Release, Uncategorized

Two Civil Society organizations, Enough is Enough Nigeria and Paradigm Initiative have instituted a case asking the court to declare comments made by some political aides in Nigeria as Hate speeches.

Relying on documentary evidences gathered from online comments made by the two affected aides, Gbenga Olorunpomi, Aide to Governor Yahaya Bello of Kogi State and Lauretta Onochie, Aide to President Muhammadu Buhari, the organizations through their lawyer are asking the court to determine if the statements violates sections of Nigeria’s Cybercrime(Prohibition, Prevention etc) Act 2015 .

However, due to the elusiveness of the Defendants and their addresses, the Court favoured that the court processes should be advertised in national dailies. This was subsequently done on Wednesday, March 13, 2019 in two leading National Dailies with national spread

According to Adeboye Adegoke, Program Manager at Paradigm Initiative, “the two organizations filed the case as a measure to curb the spread of hate speeches in Nigeria, a trend which is mostly associated with the political class. While their principals may not be less guilty of similar accusations, Governors and Presidents are however protected from prosecution by the constitution of the Federal Republic of Nigeria as amended. It is, however, significant that those political actors with links to power are being challenged for comments made at several times. The usual trend in Nigeria was for the political class to use their position to persecute citizens, journalists, activists and opposition whom they deem too critical of power under the guise of fighting hate speech or fake news.”

“If hate speech is to be curbed in Nigeria, then the prosecution must start from the political class who has always gotten away with inciting statements some of whom have led to crisis and deaths of many in the past.” Says Adeboye

The case is expected to come up for hearing at the Federal High Court Abuja today, Thursday, March 14, 2019.

Mr President, It’s time to sign the Digital Rights Bill

By | Uncategorized

By Sodiq Alabi

 When the Digital Rights and Freedom Bill (HB490) was transmitted to President Muhammadu Buhari on February 4, many Nigerians heaved a sigh of relief. The digital rights advocacy community across the globe was ecstatic, and understandably so. The Bill is the first law dedicated to protecting digital rights and online freedom anywhere in Africa. If signed, the Bill will catapult Nigeria to the comity of nations leading the charge for the protection of digital rights and online freedom. Key amongst its provisions are the provisions on data privacy, free speech, press freedom, lawful interception and surveillance. 

The Bill has had a long journey to getting to the President’s table. First proposed and extensively discussed within the civil society and rights advocacy community during the 2014 Internet Freedom Forum hosted by Paradigm Initiative, it was not until 2016 before the Bill was tabled before the House of Representatives thanks to an exemplary civil society-legislature collaboration. Sponsored by Hon. Chukwuemeka Ujam, the Bill spent almost two years in the House before it was passed in December 2017.

When the Senate concurred with its sister-chamber in March 2018, supporters of the Bill assumed the Bill’s legislative journey had ended. Unfortunately, the Bill remained with the National Assembly for another eight months without its transmission to the president. Apparently, the National Assembly’s legal unit had flagged a problem in one of its clauses, therefore leading to another round of the legislative process. The affected clause was corrected and the revised Bill was passed by both chambers of the National Assembly in November and December 2018. Two months later, on February 4, 2018, the Bill was sent to the president for his assent as required by the constitution.

The constitution also requires the president to assent or decline assent to a bill within thirty days of receiving the bill from the legislature. We are now roughly two weeks from the end of this countdown. While the nation is engulfed in organising federal and state elections, it is crucial that important government business like the signing of a crucial piece of legislation does not suffer as a result. We urge President Muhammadu Buhari and his staffers to find the time, in between preparations for the elections, to study the Bill and have it signed before the deadline. This would be a commendable demonstration of the robustness of our presidential system and its ability to keep the country running even in the face of a crucial election for its leader.

As Paradigm Initiative, the group that leads the advocacy for the passage of the Bill said in a statement, President Buhari has a history of signing forward-looking Bills including the #NotTooYoungToRun and the Disability Bill. The Digital Rights Bill falls into this category of Bills as it provides clear legal backing for online freedom and digital rights in an era when the digital space has become central to life. Paradigm Initiative’s Adeboye Adegoke is therefore right when he said, “If signed, the Digital Rights and Freedom Bill will add to what appears to be a forward-looking disposition of the administration to policymaking. What President Muhammadu Buhari does with the Bill will go a long way to define the administration’s disposition towards technology and its viability in improving the economic base of Nigeria.”

The last few years have seen tens of millions of people connected to the internet in the country. These people conduct business, have a social life, learn and teach via this important tool. They even campaign for political candidates and are campaigning to via the internet. However, despite the deployment of the internet across the country, Nigeria, unfortunately, lacks a comprehensive legal framework that protects human rights online, a situation that makes Nigerians online vulnerable to rights abuse. It is therefore easy to agree with Web Foundation when they declared that, “Nigerians cannot wait any longer for digital rights, freedoms and opportunities. The President’s Assent is urgently needed to secure fundamental rights, to support a stronger digital economy, and to build a more secure internet.”

Digital rights are human rights and by signing the Digital Rights Bill into law, President Muhammadu Buhari would give much-needed protection to these crucial rights. It is time to make history, Mr President.

Sodiq Alabi leads communications at Paradigm Initiative.

Leveraging the Gains of Multi-stakeholder Process to Cybersecurity Policy

By | Uncategorized

By Boye Adegoke

Cybersecurity is a big and important subject all over the world. In Nigeria, the work became cut out as Nigeria grappled with the scourge of Cybercriminals popularly known as Yahoo Yahoo at the turn of the Millennium. While the innovations that gave the world the likes of Facebook, Google, Apple, Huawei and other forms of innovative technology were being celebrated all over the world, Nigeria was grappling with managing its image as it appears many young people in Nigeria have sadly embraced the negative side of technology and are becoming renowned worldwide as cybercriminals. The damage done is yet to be fully salvaged. According to a 2018 Nigeria Cybersecurity Outlook released by Deloitte, “Social engineering attacks conducted via emails, SMS and calls still the number one threat being faced in Nigeria as at today. Also, it is not enough to just know more about   trends or attacks, it is about putting the right measures in place so as to be better prepared to defend against them”

Nigeria has since taken many steps to address the scourge by aligning with other efforts globally such as establishing the Computer Emergency Response Teams known as NG Certs. In February 2015, the Government adopted the National Cybersecurity Policy and Strategy prepared by the Inter-Ministerial Committee coordinated by the Office of the National Security Adviser. A few months later, Nigeria passed the Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 which entered into force on 15th May 2015. The purpose of the Act is also to promote cybersecurity and cybercrime prevention, and it provides for obligations to the private sector. Many stakeholders especially from civil society have criticized this law and are seeking judicial intervention to dislodge some parts of the law which are deemed non-right respecting. Also, there is an ongoing process to repeal and re-enact this law by the Legislative Arm of the Nigerian Government. The ongoing process is also being criticized as non-transparent because many stakeholders feel left out. The need for effective cross-stakeholder collaboration is widely recognized, as required in cybersecurity policy formulation process, with numerous international instruments reinforcing the message.

What’s clear about Nigeria’s approach is that it has been largely driven by concerns around security issues as well as implications for National security and business. Meanwhile, Cybersecurity has relevance to individual users as much as it does for Nations and businesses. This is why greater stakeholder involvement in cybersecurity policy development process is very important. Civil society concerns have usually been around how human rights concerns are often jettisoned or deemed inconsequential in cybersecurity policy development. Internet security threats are complex, and they affect multiple stakeholders, therefore, they require coordinated efforts to be adequately addressed. Constitutionally guaranteed rights must be respected in the cyberspace i.e. the rights that apply offline must also apply online. From an individual perspective, cybersecurity isn’t limited to freedom from cyberattacks but includes the right to privacy, right to freedom expression and protection of personal data; communication etc. this hardly makes it into the country’s cybersecurity agenda. This disregard for human rights may not be unconnected with the gaps that exist in the composition or the stakeholder mapping that currently exists.

The Important role that all stakeholders have to play in ensuring that the governance of cyberspace remains open, inclusive, and sufficiently flexible to adapt itself to changing risks and challenges must be emphasized. Users are increasingly distrustful of the internet, and that poses a challenge to its future. “Users’ trust is at the core Internet-driven business landscape. Immediate steps to enhance users trust must be taken. Governments must ensure that users trust is not broken online by ensuring there’s a transparent and multi-stakeholder approach to the development of cybersecurity policies and strategies. A truly multistakeholder approach to National Cybersecurity Strategy Development is poised to address this gap drawing on real-life examples of good practices in other climes. Governments, including military and intelligence sectors, could benefit from increasing their awareness of the multistakeholder nature of the Internet and the vital importance of cooperation with other stakeholders to address security threats.

In conclusion, we must move away from paying lip-service to the idea of a multistakeholder approach to cybersecurity policy development process. There must be a genuine effort to make the process inclusive to capture different stakeholder group who are affected and can bring invaluable insight to the process.  The more robust the inputs and the process is, the better the outputs. It must be noted however that the multi-Stakeholder approach is not a kill switch that addresses all the problems in a swipe; it is, however, a fundamental approach that is able to give all stakeholders a sense of belonging and gives an opportunity to capture nuances, local context into the process; The approach is widely accepted as the optimal way to make policy decisions for a globally distributed network. The United Nations Internet Governance Forum embraces multistakeholder approach model and the model has also been adopted by a growing number of international organizations. The model will help to create a veritable platform for a multi-stakeholder conversation, knowledge sharing and learning in Nigeria around cybersecurity policy development and implementation.

 

Adeboye Adegoke (@adeboyeBGO) is Paradigm Initiative’s Digital Rights Program Manager for Anglophone West Africa.

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