A team of lawyers from Olisa Agbakoba Law Office (OAL) has condemned the N10 million provision for violation of Nigeria’s National Digital Economy and E-Government Bill.
The bill, currently before Parliament, aims to create a comprehensive legal framework for the digital economy, covering aspects such as electronic transactions, data protection, cybersecurity and digital infrastructure. .
With the provisions on events of any nature occurring in the digital space applicable to public service institutions, private establishments and individuals, the Crimes and Offenses section provides for a fine of N10 million as a penalty for offenders who violate the provisions of the bill. I am. .
“There seems to be a major red flag in this penalty section, the amount of the fine. The fine is not commensurate with the violation that may occur and is not commensurate with the salary that the person working in the facility may earn. This means that the government will collect 90% of the fine.”For the time being, this fine cannot be recovered,” the lawyers said in their review of the bill.
alternative sanctions As an alternative to fines, lawyers recommend demotion, denial of promotion, or dismissal as appropriate punishments in this case.
In the case of corporations, lawyers pointed out that the funds would be paid from government revenue and would not have any impact on public institutions.
“The law already provides that the chief executive is liable, so why should a corporation be liable for the fine? That doesn’t mean he has to pay, he could be fired.
“This will act as a deterrent to others, instead of using government money to pay fines, and those responsible will continue to serve in office with no repercussions.” said.
Regulatory conflict Part 13 of the Bill provides priority and priority over the provisions of other laws in all matters relating to the digital economy and e-government.
However, this power is subject to the provisions of the Constitution of the Federal Republic of Nigeria. The bill also provides the National Information Technology Development Authority (NITTDA) with concurrent jurisdiction with regulatory authorities and relevant public authorities and gives priority over the following matters or actions: impacting the digital economy and e-government; This part also authorizes the National Information Technology Development Authority to establish regulations regarding the use and introduction of new and emerging technologies related to information technology. Considering this part, the learned Counsel explained Part 13 of the Act. It added that the bill is misleading and likely to lead to conflicts between NIITDA and other government agencies that have jurisdiction over matters affecting the digital economy and e-government.
While the lawyers noted that the Digital Economy and E-Governance Bill presents a significant opportunity for Nigeria to accelerate its digital transformation and strengthen its position in the global digital economy, the bill also requires other He pointed out that many things need to be fixed. Impacting legislation.
“For this bill to be effective, Nigeria must address existing challenges such as infrastructure development, digital literacy and cybersecurity enforcement.
“If properly implemented, this bill can unlock the full potential of Nigeria’s digital economy and position Nigeria as a leader in the digital era,” they noted.
What you need to know
In a recent media interaction on the bill held in Abuja, the Minister of Communications, Innovation and Digital Economy, Dr. Bosun Tijani, said the bill, if passed into law, would provide a legal framework to accelerate progress in the digital economy. He said that it would be. economic agenda.
He added that the bill will support the growth and transformation of the Nigerian economy through the application and use of this technology in all aspects of Nigerian life.
He said that once the bill is enacted, it will be implemented in all six geopolitical zones of the country.
Follow us to get the latest news and market information.