VIEWS AND OPINION ON WRITTEN REPRESENTATIONS OF THE PROPOSED BILL
Aderogba Otunla, Ph.D.
Managing Director | Google Workspace Expert for Emerging Markets
“A BILL FOR AN ACT TO REPEAL THE NATIONAL INFORMATION TECHNOLOGY DEVELOPMENT AGENCY ACT, NO 28 2007 AND ENACT THE NATIONAL INFORMATION TECHNOLOGY DEVELOPMENT AGENCY ACT TO PROVIDE FOR THE ADMINISTRATION, IMPLEMENTATION, REGULATION OF INFORMATION TECHNOLOGY SYSTEMS AND PRACTICES AS WELL AS DIGITAL ECONOMY IN NIGERIA AND FOR RELATED MATTERS” BY ADEROGBA OTUNLA, ON 19TH AUGUST 2021.
A reference link to the main document -
According to (Law Padi), after the initial review, the Committee then sends the bill for gazetting. The reason why bills are gazetted before consideration by the legislature is to give the PUBLIC NOTICE that a new piece of legislation is being considered and to give MEMBERS OF THE PUBLIC AND CONCERNED PERSONS THE OPPORTUNITY TO WEIGH in on the process and potentially give written representations either in favor of the proposed law or against it.?
The PROPOSED BILL is captivating and welcomed, a great step in the right direction. It’s also a sign of major growth in the Nigerian technology space. Over time, old policies or regulations become obsolete, they are saddled with the inability to address unique or new challenges that emerging technologies or innovation may present. This will ultimately give rise to the creation of new policies and regulations, or evolve the old ones through modification and updates, wearing new sets of lenses.
It’s now obvious to everyone that technology can be used for both good and bad, policymakers or executives must have effective policies in place to support and promote the good that technology offers, while also mitigating the bad or harmful experiences that come with tech.
Nigeria has a huge role and responsibility in shaping the behavioral use of technology for Africa. Nigeria is a country with over 200 million population, with about 73% Internet Penetration Rate (IPR). Since the year 2000 - 2021, Nigeria has experienced over 100K percent (%) internet growth.
(Nigerian Communications Commission), published 187M in June 2021 for the number of subscribers and teledensity for mobile and fixed telephony and data services, compared to the 199M subscribers in January 2021. This also indicates that the Federal Government’s initiative on the linkage of both the National Identity Number (NIN) with Subscriber Identification Modules (SIM) card, was successful. This on the other hand also means Nigeria has some amount of reliable data to leverage for the identification of her citizens from time to time.
The global image of Nigeria in relation to fraud, in general, is highly damaging and not good at this time. These activities are prevalent both local and abroad, which could include: high-level corporate identity theft and fraud, circumventing systems, coordinated deceptive practices, counterfeit, unacceptable business practices e.t.c.
Technology, innovation, and good policy are among the probable positive answers that could lead the way to so many unanswered questions.?
The draft bill can be termed as “A Good Policy”. According to (Norwich University), a good policy is one that solves problems without creating a political rift. Whenever it is believed that it can solve a problem without one party disagreeing with its inception, it can go forward without issue. This policy should solve a public problem without violating the legal boundaries set down by federal, state, and local laws. It must encourage an active citizenry, furthermore, as well as the democratic process.
The Sections below will be beneficial to some Nigerian citizens who are skillful and have built or created something valuable and useful for themselves or to society.
Moving forward to reflect on other parts of the draft proposed bill. I read on (Tech Crunch) “A leaked bill for Nigerian startups reveals a theme of licenses, fees, fines, and sentences”, but I prefer the choice of words from (Tech Cabal), “Debatable parts of the bill, however, are contained in Sections 6, 13, and 22.”?
Debatable means “open to discussion or argument”, and I believe it's a good way for you to look at this write-up, remember:
“The reason why bills are gazetted before consideration by the legislature is to give the PUBLIC NOTICE that a new piece of legislation is being considered and to give MEMBERS OF THE PUBLIC AND CONCERNED PERSONS THE OPPORTUNITY TO WEIGH in on the process and potentially give written representations either in favor of the proposed law or against it.”
So, understand that everyone is entitled to talk freely about the draft bill, but of course, it only feels fair enough for you to reference verifiable facts, and be a little more objective and respectful in your argument or debate, as the case may be.
SECTION 6
Section 6(5) - Fix licensing and authorization charges, collect fees and penalties as may be necessary for the exercise of its functions under this Act;
Section 6(6) - Issue notices of contravention and non-compliance with this Act, regulations, standards, and guidelines made under this Act;
Section 6(7) - Enter premises, inspect, seize, seal, detain and impose administrative sanctions on erring persons and entities who contravene any provision of this Act subject to the order of a court of competent jurisdiction;
Section 6(12) - Issue and renew licenses and authorizations for the provision of information technology and digital services;
According to a newspaper article, Nigeria has an international reputation for being one of the biggest cybercrime hotspots in the world, if not the biggest. From parody episodes in Family Guy to American high school graduate yearbook final words, cybercrime in Nigeria has become a pop culture phenomenon. (Guardian Newspapers)
While the Nigerian Cybercrime Prevention and Provision Act 2015 has been a useful deterrent, it has been largely inadequate in preventing the vulnerability of major institutions like banks. Real-time coordination has been a challenge and made early detection and prevention difficult and insufficient. (Igwe)
West Africa is also implicated: a recent survey of businesses operating online found that one quarter had stopped accepting orders from certain countries due to repeated fraud. Of these, 62% indicated Nigeria was one such country, followed by Ghana (27%) and Malaysia (21%). (United Nations Office on Drugs and Crime)
If it were measured as a country, then cybercrime — which is predicted to inflict damages totaling $6 trillion USD globally in 2021 — would be the world’s third-largest economy after the U.S. and China. Cybersecurity Ventures expects global cybercrime costs to grow by 15 percent per year over the next five years, reaching $10.5 trillion USD annually by 2025, up from $3 trillion USD in 2015. This represents the greatest transfer of economic wealth in history, risks the incentives for innovation and investment, is exponentially larger than the damage inflicted from natural disasters in a year and will be more profitable than the global trade of all major illegal drugs combined. (Cybercrime Magazine)
Objectively, if we truly want to have a country, I believe the Nigerian Government ought to take actionable steps at addressing these challenges. Nigeria is struggling with so many problems at the moment i.e. unemployment, poverty, fraud, and crime e.t.c.?
This policy will be favorable to hard-working Nigerians who have built their businesses on ethical behaviors and integrity over the years, and ultimately will be adverse to other Nigerians who have chosen the alternate path to earn a living.
SECTION 13
SECTION 13 - ESTABLISHMENT OF THE NATIONAL INFORMATION TECHNOLOGY DEVELOPMENT (NITDA) FUND
Section 13(2) - There shall be paid and credited into the Fund:
(a) A levy of one percent (1%) of the profit before tax of companies and enterprises enumerated in the Third Schedule to this Act with an annual turnover of N100,000,000 and above;
The Company Income Tax Act (CITA) is the principal law that regulates the taxation of companies in Nigeria. The Federal Inland Revenue Service (FIRS) administers or oversees the income tax for companies. Companies Income Tax (CIT) is a tax on the profits of registered companies in Nigeria. It also includes the tax on the profits of foreign companies carrying on any business in Nigeria. (“Nigeria: Brief Overview Of Company Income Tax In Nigeria”)
According to Coopers & Lybrand and Price Waterhouse (PwC):
For clarity, the levy of one percent (1%) NITDA fund is a function of your gross turnover, and the draft bill was specific “annual turnover of N100,000,000 and above”, which is applicable to LARGE COMPANIES.
领英推荐
SECTION 16 - FEDERAL INLAND REVENUE SERVICE (FIRS) TO COLLECT LEVY AND PAY INTO THE FUND
Section 16(1) - The FIRS shall assess and collect the levy imposed under Section 13 of this Act.
Section 16(2) - The FIRS shall, while assessing any company for any applicable federal taxes, also assess such company for the levy due under this Act.
Section 16(3) - The Agency may by regulations determine from time to time the companies liable to contribute to the one percent (1%) levy provided for in Section 13 (2) (a) of this Act and provide the same to the FIRS subject to the provisions of this Act.
Section 16(4) - The levy imposed under Section 13 of this Act shall be due and payable within 60 days after the FIRS has served notice of assessment on a company in such form as the FIRS may determine and records of such assessments shall be provided to the Agency annually.
Section 16(5) - Where a levy due under Section 13 of this Act is not paid within the time specified in subsection (4) of this section, the FIRS shall serve on the company a demand note for the unpaid levy plus a sum, which is equal to two percent of the levy.
Section 16(6) - The institution of proceedings or imposition of a penalty under this Act shall not relieve a company or organization from liability to pay such levy or levies that may become due under this Act.
SECTION 20, 21 and 22
SECTION 20 - REQUIREMENT FOR LICENCES, REGISTRATIONS, AND AUTHORIZATIONS
Second 20(1) - The Agency shall by Regulation issue licenses and authorizations for operators in the information technology and digital economy sector, and such regulation shall provide for licensing and authorization criteria including renewal, suspension, and revocation conditions to promote free-market operation and competition, among others.
Second 20(2) - The Agency shall determine and register operators in the information technology and digital economy sector. Such a register shall be published.
Second 20(3) - Any person or body corporate who operates an information technology or digital economy service, product, or platform contrary to the provisions of this Act commits an offense.
SECTION 21 - CLASSES OF LICENCES AND AUTHORISATIONS
The Agency shall classify its licenses and authorizations under any of the following:
(1) Product License
(2) Service Provider License
(3) Platform Provider License
SECTION 22 - OFFENCES AND PENALTIES
Section 22(1) - Non-payment upon expiration of a demand notice of an assessed levy within 2 months by a corporate body is an offense. The offending entity is liable on conviction to a fine of 0.5 percent (0.5%) of the assessed sum for every day of default.
Section 22(2) - Where a person or body corporate fails to comply with the regulations, standards, guidelines, frameworks, circulars, directives, or any subsidiary legislation issued by the Agency in the discharge of its duties under this Act, such person or body corporate commits an offense and is liable on conviction:
(a) In the case of an individual, to a fine of not less than N3,000,000.00 or imprisonment for a term of not less than 1 year or both; and
(b) In the case of a body corporate, to a fine of not less than N30,000,000.00 or imprisonment for the principal officers for a term of not less than 2 years or both.
I hope this was informative and useful.
Thank you.
REFERENCES AND BIBLIOGRAPHY
Coopers & Lybrand and Price Waterhouse (PwC). “Nigeria Corporate - Taxes on corporate income.” Nigeria Corporate - Taxes on corporate income, Coopers & Lybrand and Price Waterhouse (PwC), 22 July 2021, https://taxsummaries.pwc.com/nigeria/corporate/taxes-on-corporate-income. Accessed 19 August 2021.
Cybercrime Magazine. “Cybercrime To Cost The World $10.5 Trillion Annually By 2025.” Cybercrime To Cost The World $10.5 Trillion Annually By 2025, Cybercrime Magazine, 13 November 2020, https://cybersecurityventures.com/hackerpocalypse-cybercrime-report-2016/. Accessed 19 August 2021.
Guardian Newspapers. “Is Nigeria Really The Headquarters of CyberCrime in the World?” Is Nigeria Really The Headquarters of CyberCrime in the World?, 27 August 2019, https://guardian.ng/news/is-nigeria-really-the-headquarters-of-cybercrime-in-the-world/.
Igwe, Uche. “Nigeria’s growing cybercrime threat needs urgent government action.” Nigeria’s growing cybercrime threat needs urgent government action, London School of Economics and Political Science, 09 June 2021, https://blogs.lse.ac.uk/africaatlse/2021/06/09/nigerias-growing-cybercrime-phishing-threat-needs-urgent-government-action-economy/. Accessed 19 August 2021.
Law Padi. “Gazetting of Bill.” Gazetting of Bill, Law Padi, 2016, https://lawpadi.com/11-steps-to-how-a-law-is-made-in-nigeria/. Accessed 18 August 2021.
“Nigeria: Brief Overview Of Company Income Tax In Nigeria.” Nigeria: Brief Overview Of Company Income Tax In Nigeria, Resolution Law Firm, 18 August 2020, https://www.mondaq.com/nigeria/tax-authorities/976992/brief-overview-of-company-income-tax-in-nigeria. Accessed 19 August 2021.
Nigerian Communications Commission. “Number of Subscribers.” Number of Subscribers, Nigerian Communications Commission (NCC), 2021, https://www.ncc.gov.ng/statistics-reports/subscriber-data. Accessed 18 August 2021.
Norwich University. “Characteristics of Successful Public Policy.” Characteristics of Successful Public Policy, Norwich University, 01 March 2021, https://online.norwich.edu/academic-programs/resources/characteristics-successful-public-policy. Accessed 18 August 2021.
Tech Cabal. “Nigeria’s proposed technology act seeks to introduce levies, licensing fees, and sentencing for tech companies.” Nigeria’s proposed technology act seeks to introduce levies, licensing fees, and sentencing for tech companies, Tech Cabal, 17 August 2021, https://techcabal.com/2021/08/17/nitda-tec-to-introduce-levies-fees-to-tech-companies/. Accessed 18 August 2021.
Tech Crunch. “A leaked bill for Nigerian startups reveals a theme of licenses, fees, fines, and sentences.” A leaked bill for Nigerian startups reveals a theme of licenses, fees, fines, and sentences, Tech Crunch, 17 August 2021, https://techcrunch.com/2021/08/17/a-leaked-bill-for-nigerian-startups-reveals-a-theme-of-licenses-fees-fines-and-sentences/?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAKOvQI77yd49L3LGkbklsTrnwj_Ty6aHNZIgy-ihZ1-RtabF8ob. Accessed 18 August 2021.
United Nations Office on Drugs and Crime. “Cybercrime.” Cybercrime, United Nations Office on Drugs and Crime, 2021, https://www.unodc.org/documents/data-and-analysis/tocta/10.Cybercrime.pdf. Accessed 19 August 2021.
Vanderbilt University. “Unconscious Bias.” Unconscious Bias, Vanderbilt University, 2021, https://www.vanderbilt.edu/diversity/unconscious-bias/. Accessed 18 August 2021.