On Tuesday, 19 November 2019, a seminar on the digital economy and the presentation of the book, The Nigerian Internet Law by Akinkunmi Akinwunmi was held at the Civic Centre. Paragon advisors powered the event while BusinessDay and Rise Networks supported it. The Chairman of the occasion was Mr Gbenga Oyebode, MFR (Chairman, Aluko & Oyebode). The special guest of honour was Mr Abimbola Ogunbanjo (President of the
National Council of The Nigerian Stock Exchange) represented by Mrs Nkem Isizor (Head of Intellectual Property and Technology of The Nigerian Stock Exchange). The keynote address was delivered by Mr Kolawole Fayemi (Executive Head; Legal, Regulatory & Compliance of Vodacom).
The Nigerian Internet Law by Akinkunmi Akinwunmi is a ground-breaking work, exploring what is mostly uncharted territory in the Nigerian legal system. It provides legal perspectives on internet activities based on laws, regulations, judicial decisions, and global development. The book has over 600 pages with detailed analysis on the concept of the internet and various internet-related issues.
Akinkunmi stated that the internet is also known as cyberspace. He explained that the internet is a global system of interconnected networks of computers and other communication devices that use standardised communication protocols to link devices worldwide to provide a variety of information and communication services.
He analysed how the internet has changed the world as we know it, how it has permeated virtually all aspect of human actions. How it has made it easier to communicate, network, share contents and transact businesses.
Akinkunmi went into the voyage of how the development of various innovative online products has made humans dependent on the internet and how it has led to a surge in global internet usage. He explained that out of the 7,753,483,209 people in the world, up to 4.33 billion use the internet (as of July 2019) accounting for more than 56% of the world population. Also, as of August 2019, Nigeria had 122,975,740 internet users. Accordingly, internet penetration in Nigeria between 2000 and 2019 is estimated at 61.064%. He noted that on the downside, the continuous reliance of humans on the internet had created the challenges of cybercrime, invasion of privacy, election meddling, hate speech, fake news and dissemination of obscene content globally. These deleterious
2 conducts have resulted in data loss, reputational damage, loss of revenue, infringement of intellectual property, attack on sovereignty and critical national infrastructure.
He went into how the Cybercrimes (Prohibition, Prevention, Etc.) Act was enacted in 2015 to combat cybercrime in Nigeria. He also noted the issuance of the Nigeria Data Protection Regulation, Risk-Based Cybersecurity Framework, and Internet Code of Practice by the National Information Technology Development Agency, Central Bank of
Nigeria and Nigerian Communications Commission respectively to promote online civility. In the 16 chapters of the book, he elucidated on the legal position in respect of the internet.
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• Chapter 1 – deals with the history of the internet in Nigeria. It also covers internet usage, penetration, as well as the various policies introduced by the government to enhance internet penetration in Nigeria.
• Chapter 2 – is a discussion on internet law, how it developed from existing laws, why it was introduced to deal with online issues such as cyberattacks, fraud, bullying, stalking, squatting, racism, terrorism, identity theft, and the various
vices.
• Chapter 3 – deals with the concept of cybersecurity. It highlights the reasons for cybersecurity. It also captures the role of key government personnel and agencies such as; the Attorney General of the Federation, Office of the National Security Adviser, Central Bank of Nigeria, National Information Technology Development Agency, and Nigerian Communications Commission in ensuring cybersecurity. It explains cybersecurity in Africa. It also covers protection of critical infrastructures.
• Chapter 4 – is a discussion on cyberattacks and breach notifications. It covers the questions of who is responsible for the notification, who should be notified, and advice entities on having cyberattack policy.
• Chapter 5 – deals with cybercrime, statutory provisions on cybercrime in Nigeria and compensating the victims of cyberattacks.
• Chapter 6 – deals with civil liabilities on the internet. It delves into when the actions of an internet user can be wrongful, and the remedies available to a person who has suffered loss or damage as a result of those actions. It also explains the various defences available to a person sued in a civil action.
• Chapter 7 – is about data privacy and protection in Nigeria. It provides a detailed analysis of the various laws and regulations which protects data in Nigeria. It also covers data protection in Nigeria as well as commercialisation of personal data. It delves into protection of data in Africa and other African countries.
• Chapter 8 – is a detailed discussion on e-commerce in Nigeria, how parties enter into e-commerce contract and consumer protection in online transactions. The challenges with pay on delivery, the rights of online customers. It also covers electronic and digital signatures. It delved into the position of the Nigerian law on these signatures.
• Chapter 9 – is a discussion on freedom of speech on the internet, especially on social media. It covers abuse of social media. It contains a detailed analysis on net neutrality.
• Chapter 10 – deals with online protection of copyright works. It delves into the various modes of expression on the internet. It covers computer program. It also contains the legal position on public domain and open source software. It delves into the right of a programmer. It also covers the obligations of ISPs in respect of copyright protection.
• Chapter 11 – is a discussion on trademarks, protection of software/hardware names and logos, domain name and trademark infringement on the internet. It elucidates on the position of the law on cybersquatting, username jacking,
domain parking and hash tags. It also captures trademark dilution which is rampant on the internet.
• Chapter 12 – explains the application of patent law to internet and software elements. The rights of software developers under the law.
• Chapter 13 – answers the questions of protecting software designs and how it can be done.
• Chapter 14 – deals with enforcement of cyber law by government agencies such as the Economic and Financial Crimes Commission, Independent Corrupt Practices Commission and Nigerian Police Force. It also covers the challenges with the enforcement of the Cybercrimes Act.
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4 • Chapter 15 – covers jurisdictional issues that may arise from internet-related lawsuits. The applicable laws, rules of court and cases.
• Chapter 16 – is an elaborate discussion on investment in FinTech, e-commerce and internet services in Nigeria. It explains the licensing regime of the various operators in e-business. It contains explanation on the various incentives
available for investors.
In addition, Akinkunmi referenced different jurisdictions where there are statutes and case laws which explain the various concepts contained in the book. The intention is that the book will assist in the development of statutes and Nigerian case laws in resolving internet-related issues.
The forewords to the book were written by Mr Gbenga Oyebode, MFR and Mr Adédèjì Ọlọwẹ̀. Appendix to the book is the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015 and the Nigerian Data Protection Regulation 2019.
The book can be ordered online via < https://paragonadvisors.com.ng/index.php/the- nigerian-internet-law/ > via WhatsApp +2349066471868 or [email protected]
ABOUT THE AUTHOR
Akinkunmi Akinwunmi is the Lead Partner of Paragon Advisors, a law firm based in Lagos, Nigeria. He is in charge of the law firm's Technology, Media, Telecommunications (TMT) and Business Advisory practice.
Akinkunmi obtained a Master of Laws degree (LLM) from the University of California, Berkeley, United States of America, with specialisation certificates in Law and Technology as well as Business Law. He holds certificates in Software Product Management, Software Processes and Agile Practices from the University of Alberta,
Canada. He has advised on setting up of venture capital and InsurTech firms, operations of FinTech and e-commerce companies, start-up financing, intellectual property advisory and portfolio management, and licensing of entities for technology or telecommunications services.
5 Akinkunmi has published several articles such as "Contracting with Electronic Agents under Nigerian Law", "GDPR: What Nigerian Companies Need to Know", "eCommerce and Cybersecurity Regulation in Africa”, “The Coming of Age of the FinTech Sector in Nigeria" and "Developing a Cryptocurrency Policy". He has contributed articles to the International Bar Association, and Law Digest journals. His works are also available on < www.paragonadvisors.com.ng >.
He has attended numerous TMT training and conferences within and outside Nigeria. He periodically organises events for founders where he advises them on doing business in Nigeria.
Akinkunmi is a member of the International Bar Association and Nigerian Bar Association.
