Legal frameworks for the implementation of electronic governance in Nigeria and matters arising

Abstract

The increasing use of the Internet has accelerated this widening of the scope of privacy to the protection of private information as well. The exponential growth of electronic usage in global transactions has created new challenges to existing laws. Some of the legal solutions still lag, because of the unique complexities attached to e-activities. Electronic evidence is subject to the same evidentiary rigours as its paper –based counterpart. Electronic evidence as with other evidence, must be both material and relevant to the issues as defined by pleadings, must not be subject to any other exclusionary rule and must be ultimately possess greater probative value than prejudicial effect to be received. There exists no legislation on electronic signature in Nigeria which is vital for authentication of electronic evidence or digital evidence to determine its genuineness and reliability. The paper examined the implementation of electronic governance in Nigeria thus the issues arising therefrom towards an improved e-governance system. The paper relied on doctrinal analytical method of research by which primary sources of enabling legislations were consulted and relevant secondary materials /treaties for ease of comparison. There exists inadequate legislation that will boost the confidence of the citizenry on implementation and integrity of the system because of these inadequacies. It is in this light the paper concludes that tackling the obstacles to e-governance adoption is key to the citizen centric quality service delivery. The paper recommends a strengthened and gazette critical information infrastructure, enactment of digital signature law, forensic/digital laboratory, and establishment of National Data bank.