LEGALITY OR OTHERWISE FOR THE IMPOSITION OF CYBER SECURITY LEVY IN NIGERIA

Abstract

The growing threats of cyber-attacks has undoubtedly, prompted the need for improved security measures to combat these issues and mitigate the resultant consequences. Thus, the cyber security levy is aimed at providing dedicated and adequate funding for the actualization of cyber security initiatives in Nigeria. However, the implementation of cybersecurity levy in Nigeria has generated unimagined public resistance. This study therefore sought to examine the Legality or otherwise of the imposition of cybersecurity levy in Nigeria. The specific objective of this research was to establish the legal basis, if any, that justifies the imposition of cybersecurity levy in Nigeria and to make salient recommendations on how to effectively surmount the challenges and concerns relating to the imposition of the levy. The research design and methodology was doctrinal approach, using analytical and descriptive research methodology. The main sources of data collection were various legal documents and materials, both from the library and the internet, and covering both the primary sources and the secondary sources, including decided cases. In this work, it was discovered among others that cybersecurity levy is the 0.5% (0.005) levy imposed on all electronic transactions by applicable businesses as provided under the Cybercrime (Prohibition, Prevention, etc) Act (as amended) 2024. It is further observed that the financial support realised through this levy will help in developing and implementing strategies to safeguard Nigeria's digital infrastructure and combat cybercrimes effectively. In the end, it was recommended among other things that a clearer provision on the implementation of the cybersecurity levy be made by the Act in order to provide a uniform implementation guideline for the levy.

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