Approaching The Development Of Smart Cities In Nigeria From A Law Perspective By Adesuyi Daramola Esq. – TheNigerialawyer

Nigeria already has a significant number of its population
having access to internet facilities. With the growth in the
provision of internet of services across the country, there is a
prospect for the development of smart cities. Some traces of smart
concept currently in practice in Nigeria includes; smart banking,
smart regulation of services and application and smart meters for
energy reading among others. The question is whether the legal
framework in place can deal with criminal elements of cyberattacks
and cyberthreats on its planned smart cities.

What is a Smart City?

A smart city uses digital technologies to enhance performance
and well-being, to reduce cost and resource consumption, and to
engage more effectively and actively with citizens. It involves the
use of smart energy, smart healthcare, smart transport and smart
waste and water. A smart city can be defined as a city that uses
Information and Communication Technology (ICT) as an enabler, to
merge dimensions of smart utilities, smart mobility, smart economy,
smart environment, smart education, smart people, smart living,
smart health and smart governance.

Amsterdam, South Korea, China, Singapore are prominent examples
of a smart cities which relies on smart energy like solar energy
and smart grid. A smart city enables its citizens, businesses,
government and non-government stakeholders to benefit from the
effective use of technology.

Nigeria’s legislative framework

Adoption of smart cities and smart technologies is a welcome
development in our economy. However, Nigeria’s legal framework on
cybersecurity and cybercrime still needs to be strengthened. Should
there be a cyberattack on computer networks and computer systems
which feeds smart cities, Nigeria’s law enforcement might face
challenges with bringing the perpetrators to justice.

The Cybercrime Act, 2015, defines data as the representation of
information or of concepts that are being prepared or have been
prepared in a form suitable for use in a computer. The Act
criminalises offences against critical national information, the
unlawful access, interference with or interception of data (Section
5,6,7). The limitation of the Act to data means that cybercriminals
who target the computer system or the computer network itself and
not particularly the data contained by computer systems, will be
able to walk scot-free. Should Nigeria’s smart cities be subjected
to cyberattack, such as the one that was launched on South Africa
and Estonia, Nigeria may find it difficult to rely on the Nigerian
cybercrime Act to prosecute the offenders on the grounds of the
crime of hacking are not properly set out in the Nigerian
cybercrime Act. This calls for an urgent amendment of the Act.

While Section 4 & 5  of the cybercrime Act of 2015
makes reference to critical infrastructure, it does not adequately
cover criminal abuses of such infrastructures. The comprehensive
bill that provides for certain infrastructure to be declared
critical infrastructure if the functioning of that infrastructure
is essential for the economy, national security and public safety
and that also criminalises unlawful access to critical
infrastructure installation without the security manager’s consent
has suffered delay and remained unattended to in the current
9^th Assembly. The passage of the bill into law and
enforcement of cybercrime Act will adequately protect all forms of
abuses.

Conclusion

Cyberattacks and cybercrime are on the rise in Nigeria. The laws
criminalising such conduct are lagging behind. The law must be
consistent to catch up and deal with the threats of cybercrime and
cyber-attacks. Without the proper legal rules in place, the dream
of efficient smart cities will not be realised.