Authored By: Okunromade Mary Oluwaseyifunmi
Afe Babalola University
ABSTRACT
The quality of public service delivery is crucial in governance. To enhance public service delivery, the adoption and implementation of electronic governance (e-governance) is imperative. This involves the application of information communication technology (ICT) initiatives in the provision of services by the public sector. The problem however, has been with the transition and sustainability of information technology, and addressing the attendant legal implications in public service. Accordingly, this paper evaluates the impacts of information technology on public service delivery in Nigeria. It examines the role of law in facilitating electronic governance and ensuring sustainability. Adopting a doctrinal research methodology, it draws on primary and secondary sources, including legislations, journal articles, and policy papers. The findings reveal that information technology facilitates free flow of information while reducing cost of information management. Thus, the integration of information technology engenders effective communication, thereby promoting transparency and accountability in public service delivery. The role of law is illuminated as instrumental to addressing data privacy concerns and cybersecurity implications in electronic governance. To improve and strengthen electronic governance in Nigeria, this paper recommends strict implementation measures in the public sector, to ensure full adoption of information technology, and counter measures to protect data integrity and ensure cyber security.
Keywords: Electronic Governance, Information Communication Technology, Public Service.
1.0 INTRODUCTION
On 24th January 2025, the Bureau of Public Service Reforms (BPSR) and Image Merchants Promotion Limited (IMPR) jointly advocated for the adoption of technology to enhance public communication and improve service delivery within the public sector. This advocacy flows from the realization of the integration of ICT in public service and transitions to e governance. Historically, the European Union laid the foundations of what is today known as e-governance in its first action-plan blue print named “Europe 2002, an Information Society for All” at Feira European Council. Here, e-governance is expressed as a mechanism for connecting civil society and businesses to the government and the modernization of public sector through the use of information and communication technologies. Subsequent adoptions by other countries including African countries of e-governance flow from the need to leverage on the potentials of ICT in enhancing public service delivery. As Rahim succinctly puts it, “literarily, the public service of any country is an establishment of governance and administration created basically to provide public good (water, electricity, health care, qualitative education and transportation systems among others) to the citizen in the most efficient and effective method”. Indeed, this underscores the very significance of the public service as sector, which functionally translates the core duty of a government – to cater to the lives and welfare of the people. Therefore, to enhance delivery, is to promote the welfare of the people. In Nigeria, the Public Service of the Federation is constitutionally established, and the Public Service Rules generally regulates the public sector. Several laws exist, that regulate information technology in Nigeria. However, the existing legal framework does not adequately provide for the integration of ICT in public service delivery, to address the legal concerns of data privacy and cybersecurity, while facilitating enhanced public service delivery.
2.0 CONCEPTUAL CLARIFICATIONS
Electronic Governance
Electronic Governance has been simply defined as “the public sector’s use of information and communication technologies with the aim of improving information and service delivery, encouraging citizen participation in the decision-making process and making government
more accountable, transparent and effective”. Electronic Governance has also been defined as “the use of Information Communication Technology to accomplish governmental activities in terms of providing basic services and engaging with citizens for their own good”. Okot-Uma observes that e-governance encompasses the adoption of information technology to ensure unrestricted movement of information, to eliminate the physical boundaries of traditional paper and physical based systems in service delivery.
Information Communication Technology
Information Communication Technology has been defined as the use of computer-based technology and the Internet to make information and communication services available in a wide range of users. It is also defined as technologies used to handle telecommunications, broadcast media, intelligent building management systems, audio-visual processing and transmission systems, and network-based control and monitoring functions. ICT means the use of computer-based technology and the Internet to make information and communication services available in a wide range of users.
Public Service
Public service generally means the civil services constituted by the government to translate all its plans and programmes into implementable action. By virtue of section 169 of the Constitution, public service encompasses civil service (Ministerial departments), statutory corporations or parastatals, judiciary, legislature, educational institutions, financially wholly or principally owned by government at the State, Local and Federal levels, Nigeria Police or Armed Forces and other organizations in which the Federal or state governments owned controlling share or interest. In this paper, public service is used both as a sector and a service rendered to the public.
3.0 LEGAL FRAMEWORK
Constitution of the Federal Republic of Nigeria, 1999
The Public Service of the Federation is provided for under Chapter VI of the Constitution. By virtue of Section 170, the Federal Civil Service Commission may, with the approval of the President and subject to such conditions as it may deem fit, delegate any of its powers conferred upon it by the Constitution to any of its members or to any officer in the civil service of the Federation. Section 172 provides that a person in the public service of the Federation shall observe and conform to the Code of Conduct. These sections form the basis for the Public Service Rules, which guide and regulate the public sector.
Public Service Rules, 2021
The Public Service Rules define the employment relationship between employees in the Public Service and the Government. It serves as a guide to public servants who rely on its provisions in the implementation of national development agenda and conduct of Government business. The Public Service Rules, 2021 is a review of the Public Service Rules, 2008, geared towards bringing the public service in line with current trends in governance. It is noted, that the Public Service Rules, 2021 makes no provision for the integration of ICT in public service delivery.
National Information Technology Development Agency (NITDA) Act, 2007 The National Information Technology Development Agency Act is a law establishing the National Information Technology Development Agency as a corporate body, saddled with the responsibility of managing and administering information technology matters in Nigeria. Section 6 of the Act provides for the functions of the Agency, amongst which are to develop guidelines for electronic governance and monitor the use of electronic data interchange and other forms of electronic communication transactions as an alternative to paper-based methods in government, commerce, education, the private and public sectors, labour, and other fields, where the use of electronic communication may improve the exchange of data and information; develop guidelines for the networking of public and private sector establishment; advice the Government on ways of promoting the development of information technology in Nigeria including introducing appropriate information technology legislation, to enhance national security and vibrancy of the industry. In the exercise of its powers, the Agency released the Nigeria e-Government Interoperability Framework (Ne-GIF). However, the extent to which the Agency has promoted the integration of ICT in public service delivery is still questionable, as the public service still lags behind in its delivery. Nigeria Data Protection Act, 2023
The Nigeria Data Protection Act was enacted to safeguard the fundamental rights and freedoms, and the interests of data subjects, as guaranteed under the Constitution of the Federal Republic of Nigeria, 1999; provide for the regulation of processing of personal data; and also promote data processing practices that safeguard the security of personal data and privacy of data subjects. The provisions of the Act apply to the processing of personal data, whether by automated means or not. And so, by virtue of the data implications in e governance, the provisions of the Act apply, and must be complied with.
Cybercrimes (Prohibition, Prevention, etc) Act, 2015.
The explanatory memorandum to the Act states that the Act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention,
detection, prosecution and punishment of cybercrimes in Nigeria. This act also ensures the protection of critical national information infrastructure, and promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights. And so, in e-governance, cybersecurity concerns must be addressed through the instrumentality of the Act and other relevant laws.
4.0 IMPACT OF INFORMATION TECHNOLOGY MANAGEMENT ON PUBLIC SERVICE DELIVERY IN NIGERIA
To effectively carry out and deliver services across sectors of the economy, efficient flow of information is imperative. The advancement of technology has engendered more efficient means of information, facilitating communication across industries and sectors. In this sense, Heeks observes that ICT constitute a major element through which governments govern, manage its resources, offer services, and account for its performance. Kenneth and Justin, in their view, posit that ICT has become the driving force to improve public sector efficiency and effectiveness. Indeed, advocacies for the integration of ICT in public service echo the need to enhance public service delivery, leveraging the advantages of ICT. A rationale for this technological integration is expressed by Rahim and others, as they note that e-governance offer tremendous support and simplify government relationship with its key stakeholders (government agencies, citizen and business entity). The integration of ICT in public service delivery is an innovation that improves quality of public service delivery. Gasco posits that the integration of ICT helps to develop relationships between governments and citizens by crafting innovative platform through which citizens are integrated to overall nation’s development agenda.
Scholars have identified the main benefits of ICT integration in public service delivery. Improved operational efficiency, increased operational effectiveness, innovative processes and systems, better interactions with business organizations, and citizen empowerment through access to ICT. However, it is pertinent to note the legal implications of e-governance that may translate to negative impact if not addressed. The integration of ICT in public service delivery entails the processing of personal data on cyber space. This raises concern on data privacy and integrity, as well as cybersecurity. The integration of ICT involves the use of computer technologies, artificial intelligence, blockchain technology, all of which are capable of processing and storing personal data. The protection of data integrity is very paramount, and necessitates cybersecurity and data privacy compliance mechanisms. Addressing these legal concerns is key to facilitating e-governance and ensuring sustainability.
5.0 THE ROLE OF LAW IN FACILITATING ELECTRONIC GOVERNANCE AND SUSTAINABILITY
Beyond the integration of ICT in public service delivery lies the legal concerns of data privacy/integrity and cybersecurity. These concerns can only be effectively addressed through the instrumentality of the law. In Nigeria, there is the Nigeria Data Protection Act, 2023 that protects the data privacy of citizens, and the Cybercrimes (Prohibition, Prevention, etc) Act, 2015 that prohibits and prevents cybercrimes, thereby promoting cybersecurity. However, it is argued that there is need for a specific and comprehensive legal framework regulating e governance in Nigeria, to provide a guide to the public sector in the integration of ICT in public service delivery. Applaudably, in August, 2019, the National Information Technology Development Agency (NITDA) published a regulation document for all government organizations; ICT product/service providers for public institutions, professional bodies, development partners, and general public. The subject matter of the regulation is interoperability. While this is a step in the right direction, it is argued that a codified law comprehensively providing for e-governance would be more effective in guiding the public sector and ensure the sustainability of e-governance in Nigeria.
6.0 RECOMMENDATIONS
Based on the findings on the impact of ICT on public service delivery, this paper recommends the following:
- Legal Reform
The existing legal framework regulating the public service in Nigeria should be reformed, either through repealing and re-enactment, or an adaption of existing laws, to comprehensively provide for the integration ICT in public service delivery. This implies a specific legislation that regulates e-governance in Nigeria, to engender full transition.
- Training Programs
Members of the public service should be trained on the use of technology in their services. Training is key, to ensure compliance with data privacy and cybersecurity laws. To achieve this, the NITDA should initiate training programs for members of the public service, to equip them with the requisite knowledge to navigate the intricacies of ICT.
- The establishment IT Parks in Nigeria, where software applications are developed, as opposed to foreign importations. This will assist in addressing information technology open standards, liberalize and enhance the Nigeria’s fiscal measures, and incentivize
the public sector to purchase and incorporate at an affordable rate.
- Policy Development
The NITDA should proactively develop policies that align with recent technological trends, to enable the public service implement same. Developed policies must also align with existing laws in Nigeria, particularly, on data privacy and cybersecurity. 7.0 CONCLUSION
The integration of ICT in public service delivery is a strategic step towards enhancing and improving the quality of public service delivery in Nigeria. It translates the good governance to the people, as the people effectively participate in governmental actions through ICT. However, the potentials of ICT in public service delivery are better harnessed through adequate and comprehensive legal and policy regulations. This paper finds that developing a specific legislation on e-governance, and subsequent policy frameworks that align with recent technological and legal trends would effectively promote and sustain ICT in public service delivery in Nigeria.
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