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NIGERIAOnline surveillance: Public concerns ignored in NigeriaFantsuam FoundationJohn Dada and Teresa Tafidawww.fantsuam.netIntroductionNigeria, a country of 170 million people, recentlymade global headlines when social activists,through the use of social media (#BringBackOur-Girls), brought media attention to the kidnapping ofover 300 girls by an armed gang of religious extremists.1 This event and the related security concernsabout Africa overshadowed the 24th World EconomicForum on Africa that was hosted by Nigeria inMay 2014. 2 The global scrutiny caused by this eventhas put the Nigerian government on the back footin its efforts to bring security in the country undercontrol.This report looks at the government’s mass surveillanceattacks on its citizens before and after itpurchased USD 40 million of Israeli technology 3 tobe used for the monitoring and control of the internet.Various top government officials have calledfor the regulation of social media: the minister ofinformation argued that even the United States (US)intercepts its citizens’ communication. However, heomitted the fact that in the US there are legal andjudicial processes to show its use and limits sothat abuses will be checked. To further the government’ssurveillance agenda, additional legislationis already under consideration by the Nigerian CommunicationsCommission. 41 Van Wagtendonk, A. (2014, May 2). Nigerians take to streets, socialmedia to demand return of kidnapped girls. PBS. www.pbs.org/newshour/rundown/nigerians-take-streets-social-media-demandsafe-return-kidnapped-girls2 Mosch, T. (2014, May 9). Africa’s future overshadowed by Nigeria’spresent. DW. www.dw.de/africas-future-overshadowed-bynigerias-present-at-wef/a-176256653 Emmanuel, O. (2013, April 25). Jonathan awards $40millioncontract to Israeli company to monitor computer, Internetcommunication by Nigerians. Premium Times. www.premiumtimesng.com/news/131249-exclusive-jonathan-awards-40million-contract-to-israeli-company-to-monitor-computerinternet-communication-by-nigerians.html4 Draft Lawful Interception of Communications Regulations.media.premiumtimesng.com/wp-content/files/2014/05/Legal-Regulations_Lawful_Interception_of_Communications-080113.pdfPolicy and political backgroundNigeria is in its third round of democratic governancesince the ouster of the military regime.However, vestiges of autocratic leadership stillabound. The recent awarding of the USD 40-millionsurveillance contract, without following dueprocess and in spite of nationwide expression ofopposition, suggests a governance system that isyet to function democratically.Nigeria is ranked 112th out of 180 countries inthe 2014 Reporters Without Borders press freedomindex. 5 Recently, government agents raided somemedia houses and seized their newspapers duringwhat was called “routine security action”. 6 Sucharbitrary action gets the support of several topgovernment officials, including the president andagencies who have expressed the desire to clampdown on the use of social media and access toinformation.Nigeria does not yet have any existing dataprivacy laws or legal provision for interception ofcommunication. The current security challenges inthe country are being used as the reason to takemajor security decisions and make national commitmentswithout the necessary constitutionalapprovals.The history of implementation of governmentprojects in Nigeria is riddled with inefficiency andcorruption. A recent example is the USD 470-millionNational Public Security Communication System 7that resulted in the installation of CCTV camerasostensibly to curb crime and violent attacks in thecapital city. However, since its inception the levelof insecurity in the capital city has increased dramatically.The people’s lack of endorsement of theIsraeli Elbit Systems purchase is therefore based onpopular perception of the capabilities and motivesof the government when initiating projects, espe-5 rsf.org/index2014/en-index2014.php6 Reporters Without Borders. (2014, June 11). Army seizes newspaperissues day after day on “security” grounds. Reporters WithoutBorders. en.rsf.org/nigeria-army-seizes-newspaper-issuesday-11-06-2014,46418.html7 Isine, I. (2014, June 27). High-level corruption rocks $470millionCCTV project that could secure Abuja. Premium Times. www.premiumtimesng.com/news/163975-high-level-corruption-rocks-470million-cctv-project-secure-abuja.htmlcially when such projects are deliberately shroudedin secrecy.Exposing the Nigerian surveillance systemNigeria has experienced widespread and growing incidencesof kidnapping, blackmail, terrorist attacksand abduction. While these issues may be linked togovernance challenges of mismanagement, corruptionand unemployment, short–term measures toaddress these problems can be counterproductive.In April 2013, an Abuja-based newspaper, PremiumTimes, 8 broke the news that the Nigeriangovernment had awarded the security tender to anIsraeli firm for the procurement of the Elbit Systemstechnology. 9 This would enable the Nigerian governmentto intercept all internet activity, and to invadeusers’ privacy at will. The purchase is made moredisturbing in that there is no enabling legislation forsuch an action by the government.The paper also revealed that all Nigerian GSMservice providers were intercepting all forms of communication.10 This action on its own is a violation ofthe International Principles on the Application ofHuman Rights to Communications Surveillance. 11Without the benefit of judicial protection throughany laws on privacy and data collection, Nigeriansremain vulnerable to an infringement of theirprivacy from their government, and from foreigngovernments or organisations.Another angle to the surveillance contract is theallegation by BDS Switzerland that the Elbit Systemstechnology has been developed and testedthrough the surveillance, repression and killing ofPalestinians, including numerous civilians. 12 Thisissue, however, appears to have gone largely unnoticedin Nigeria.The Nigeria Communications Commission (NCC)has released a draft policy on lawful interceptionthat will empower security officers to interceptphone calls, text messages, chat messages, emails,etc. 13 It is of concern that the NCC would opt forregulation rather than allow the National Assembly8 Emmanuel, O. (2013, April 25). Op. cit.9 Johnson, J. (2013, July 2). Scandal in Nigeria over Israeli arms firm’sInternet spying contract. Electronic Intifada. electronicintifada.net/blogs/jimmy-johnson/scandal-nigeria-over-israeli-arms-firmsinternet-spying-contract10 Emmanuel, O. (2014, February 10). U.S. spy program reformsspotlight Nigeria’s expanding surveillance program. PremiumTimes. http://www.premiumtimesng.com/news/154931-u-sspy-program-reforms-spotlight-nigerias-expanding-surveillanceprogram.html11 https://en.necessaryandproportionate.org/text12 www.bds-info.ch13 Collins, K. (2013, September 4). Nigeria embarks on mobile phonesurveillance project. Wired.co.uk. http://www.wired.co.uk/news/archive/2013-09/04/nigeria-phone-buggingto debate and decide on the issue. The NCC optionwould be open to abuse and violation of the fundamentalright to privacy, a violation of Nigeria’s 1999constitution.The recent arbitrary seizure of newspapers bythe army and similar acts have raised concernsabout security agents and law enforcement officialsusing the access and information at their disposalto their own advantage, or the government usingregulations to crack down upon the opposition.ConclusionsWhile it is difficult to fault the need for mass surveillancefor the purpose of ensuring national security,and in the Nigerian situation, to track the terroristactivities of Boko Haram and online fraudsters, thepeoples’ concern is the normalising of surveillancein the guise of safety in a polity where legislativeoversight and legal protection are missing. Thehistory of governments all over the world, as documentedby Snowden, is replete with abuse of theircitizens’ rights to privacy. It is significant that inspite of the outcry by citizens and attempt by thelegislative arm of government to halt the Elbit contract,the government was not deterred. It is thefear of action with such impunity, not subject to thescrutiny of constitutional provision, that creates somuch concern.There is a need for more openness from theNigerian government to allow a public debate onthe spying programme to ensure better inclusionand buy-in. In its present form it does not meet thelegislative requirements for procurements of thatmagnitude and national significance, and the governmenthas not asked for the people’s view – theviews that have been expressed have been largelyignored. In its present form, the contract breachesthe International Principles on the Application ofHuman Rights to Communications Surveillance, 14specifically on the issues of legality, legitimate aims,competent judicial authority, due process, user notification,transparency, integrity of communicationsand systems, and the need to safeguard againstillegitimate access. Its illegality derives from itscontravention of the 2007 Public Procurement Act.The Elbit contract did not meet the requirements forthe awarding of such special contracts.Action stepsIn spite of loud protests by civil society organisationsand individuals in Nigeria, and a feebleattempt by the House of Representatives to stop thecontract, the government went ahead to purchase14 https://en.necessaryandproportionate.org/text182 / Global Information Society Watch nigeria / 183