The information age brought with it, rapid shift from traditional market system to an economy based on Information and Communications Technology, especially the use of computers and telecommunications for storing, retrieving, and sending information.
Information and Communications Technology (ICT), according to techopedia.com, refers to all the technology used to handle telecommunications, broadcast media, intelligent building management systems, audio-visual processing and transmission systems, and network-based control and monitoring functions.
In our interconnected world, the significance of Information and Communications Technology in our daily lives cannot be over emphasised. There is no gainsaying that modern advancement in information technology has influenced every aspect of human endeavour, causing us to develop new habits in order to adapt to this trend of interconnectivity in a rapidly changing world. It is perhaps for this reason that Marshall Mcluhan in his book, The Gutenburg Galaxy: The
Making of Typographic (1962) and Understanding Media (1964),described the world as a ‘Global Village’ being shrunk by electronic media and information technology. Such advancements in information technology have opened new markets to businesses and broken territorial barriers,
resulting in huge savings and ease in operations, especially with the introduction of video conferencing.
Also, irrespective of the distance,communication as well as connection with family and friends has been made easier. Technology has made a very big change in the education world- with the invention of technology gadgets and mobile apps, it is easier than ever for students to learn.
The advent of online shopping and e-payment platforms is also worthy of mention. Same goes for the changes in the agriculture industry, facilitated by machines which replace human labour and are operated or controlled by people or other machines. The use of technology in banking is the backbone of society today. Most banks now offer online banking facilities. Millions make use of this service daily to manage their finances. Most businesses also use this feature to pay employees and transfer money.
The preceding paragraphs have successfully established that the importance of Information and Communication Technology in our daily lives is numerous. In fact, the list is inexhaustible.
However, there are some grey areas; the use of telecoms, the fundamental human right to
information, and how breach of this right can constitute not just a breach of fundamental human rights, but also a threat to national security. This Information and Communication Technology in the telecommunications industry largely rests on the infrastructure known as Base Transceiver Station.
At this Juncture, it is important to establish the significance of base stations (to the use of ICT especially within the telecommunication space) in our corporate and personal lives.
According to Wikipedia, a Base Transceiver Station (base stations) is a piece of equipment that facilitates wireless communication between user equipment (UE) and a network. UEs are devices like mobile phones (handsets), WLL phones, and computers with wireless internet connectivity.
The network can be that of any of the wireless communication technologies like GSM, CDM, wireless local loop, Wi-Fi, WiMax or other Wide Area Network (WAN) technology.
The basestations handle transmission and reception of signals; sending and reception of signals to or from higher network entities.
In Nigeria, base stations are procured by several service providers wherein masts are erected by these service providers, through the tower companies in order to ensure continuous availability of reception to users. Hence, the sase stations which house the masts are the lifeline to information and communication technology. As soon as the base station serving a particular community or neighbourhood is non-functional or damaged, there is a serious threat
to the communication needs of that community. Clearly, the base stations play a very important role in accessing Information Technology, and going by Wikipedia’s definition, it will be correct to say that without such base stations in place, information and communication technology gadgets such as mobile phones and computers won’t be utilised optimally.
Wikipedia defines National Security as “the security of a nation state
including its citizens, economy, and institutions, which is regarded
as a duty of government.”
According to section 157 of the Nigerian Communications Act 2004, Telecommunication is “any transmission, emission or reception of signs, signals, writings, images, sounds or intelligence of any nature by wire, radio, visual or other electro-magnetic systems.”
Originally the term “National Security” was conceived as protection against military attack. National security is now widely understood toinclude non-military dimensions e.g.security from
terrorism, food security, communication breakdown, information technology security etc. Information Technology security also known as cyber security refers to the security of computing devices such as computers and smartphones. Hence, the above background leaves the mind to wonder how national security can be preserved when access to information is breached.
In 2013, for instance, during the terrorist attack on Marte Local Government Area of Borno State, all base stations or telecommunication masts within the council headquarters were burnt down and this led to bad connectivity, if not total blackout of communication reception.
The internet could hardly be accessed while worried relatives across the country could not reach their loved ones to ascertain their safety. The intention of the terrorists were simply to cause a breakdown of communication.
Also, in the on-going Sudan crisis, one of the first strategies of the military government was to order a total shutdown of the internet. As reported by British Broadcasting Corporation (BBC) on June 24, 2019, the internet was cut off after security forces violently dispersed protesters camping in central Khartoum. This is a clear example of violation of the fundamental human right to information and a threat to national security. It needs no further mention that right to
information is a fundamental human right. In 2009, the European Union parliament passed a law ensuring internet access as a fundamental human right- internet access was stated a an integral part of the right to information, In the same vein,the Freedom of Information Act guarantees the right to information in Nigeria. Therefore, once the right to information is infringed upon or communication is disrupted , there is a critical threat to a nation’s security.
One of the threats to telecommunications is the various attempts made by state governments in Nigeria to enact or enforce certain laws or impose fines that affect telecommunications services, operations and base stations – items within the exclusive regulation of the Nigerian Communication Commission.
As D.E Osiagor, Jrightly held in Suit No: FHC/UM/CS/146/16, IHS (Nigeria) Limited v. Attorney General of the Federation &Ors. that:
“Under our constitutional democracy, under no guise or pseudo name should a tier of government trespass into other tier of government’s legislative competence or jurisdiction.”
There had also been attempts by state governments in Nigeria to seal or close down base stations due to non-payment of charges levied against them. However, it was further held in
IHS (Nigeria) Limited v. Attorney General of the Federation &Ors. that where taxes or levies are already imposed on the chargeable office of an organization, levying same on the base stations amounts to imposing multiple taxes on such organization.
While subtle acts of regulatory control exercised by governments of various of states across the Country may be geared towards revenue generation albeit on a misconceived basis, the consequences of such actions could greatly stifle the business of Base Transceiver Station operators, thereby resulting in a situation which is most prejudicial to the interest of the service operators, the citizenry and the entire country.
Against this backdrop, it goes without saying that any form of act or omission to frustrate the activities of telecommunication providers or Information Technology will lead to a backlash on the society – communication breakdown, internet shutdown or poor connectivity. As earlier mentioned, this will amount to a breach of fundamental human right to information which in itself is a threat to national security, nationwide communication, banking activities, online transactions, and education. A lot of activities will be frustrated, chaos will take over, things will fall apart and the centre will no longer hold.
Daniel Ade-Peters
Ade-Peters wrote in via [email protected]
