INTEGRATED ELECTRONIC ARREST & REPORTING SYSTEM (I-EARS) LEGAL FRAMEWORK
1. Statutory Authority
1.1 Enabling Laws
- NSCDC Act 2003 (Amended 2022) – Grants NSCDC mandate for public safety tech deployments
- Cybercrimes (Prohibition) Act 2015 – Legal basis for digital evidence from I-EARS
- NDPR 2019 – Governs citizen data protection
- NITDA Act 2007 – Mandates local content and infrastructure standards
1.2 Presidential Directives
- National Security Strategy 2024 – Prioritizes integrated emergency response systems
- Executive Order 005 (2018) – Requires security tech to favor Nigerian software/hardware
2. Governance Structure
2.1 Oversight Bodies
Entity | Role | Accountability Mechanism |
---|---|---|
I-EARS National Board | Federal-level policy oversight | Quarterly reports to National Assembly |
State Steering Committees | Chaired by State Attorneys-General | Public hearings bi-annually |
NSCDC Cyber Command | Technical implementation | Audits by Office of the NSA |
2.2 Inter-Agency Agreements
- MoU with NPF: Shared access to I-EARS alerts (with judicial oversight)
- Military Cooperation Pact: Rules of Engagement for drone deployment
3. Operational Legal Protocols
3.1 Data Handling
- Evidence Admissibility:
- Blockchain-logged incidents are presumed authentic (Section 84, Evidence Act)
- Requires dual authentication (Officer + AI validation) for court use
- Intel Sharing:
- Tier 1 (Public): Crime trends → LGAs
- Tier 2 (Secured): Suspect profiles → Judiciary
- Tier 3 (Top Secret): Terrorism intel → NSA only
3.2 Use of Force
- Drone Deployment Rules:
- Reconnaissance Only unless armed attack in progress (Approval: State Gov + NSCDC CG)
- No Facial Recognition on public cameras (per NDPR Section 25)
4. Citizen Rights & Redress
4.1 Guarantees
- Right to Anonymity:
- USSD/app reports exclude caller identity by default
- Court order required for disclosure
- Transparency Measures:
- Public dashboard shows response times per LGA
- Annual privacy impact reports published
4.2 Grievance Mechanisms
- Internal: NSCDC Complaints Unit (72-hour resolution)
- External: Right to sue under Fundamental Rights (Enforcement) Rules
5. Compliance & Enforcement
5.1 Mandatory Certifications
- NITDA MLPS-4 for command centers
- ISO 27001 for data hubs
- NDPR Audit every 12 months
5.2 Penalties
Violation | Sanction |
---|---|
Unauthorized data sale | 10-year jail term (Cybercrimes Act Sec. 38) |
Deliberate false alerts | ₦5M fine + 3-year community service |
Failure to report breaches | Suspension of state funding |
6. State-Level Customization
6.1 Legislative Adoption
- Model Bill provided for State Houses of Assembly to:
- Allocate 1% security vote to I-EARS
- Formalize traditional rulers’ roles
6.2 Local Amendments
- Lagos: Integrates with LASEMA Law 2018
- Kano: Aligns with Hisbah Board Powers
7. Transitional Provisions
- Phase-Out Period: 24 months for legacy systems
- Sunset Clause: Automatic review after 5 years
Political Value-Add:
- "Most comprehensive security tech framework in Nigeria’s history" – Media talking point
- "Guarantees citizen rights while empowering security agencies" – Public trust builder