Blockchain, which is mostly associated with cryptocurrencies and the like, had remained largely unregulated in Nigeria until September 2020, when the Securities and Exchange Commission issued a statement on digital assets, to the effect that crypto-offerings and other forms of blockchain-based offers in Nigeria or targeted at Nigerian investors would be regulated by the SEC1. Following this statement, the Central Bank of Nigeria in February 2021, issued a circular, prohibiting banks from dealing in cryptocurrencies or enabling payments for cryptocurrency exchanges. There is no denying the tension and the negative impact this development had in the innovation and technology space.
With the continuous increase in decentralized finance (“DeFi”) and the obvious importance and significance of blockchain in driving economic growth, the government of the Federal Republic of Nigeria (“FRN”), through the National Information Technology Development Agency (“NITDA”) acknowledged the need to develop the Draft National Blockchain Adoption Strategy (the “Strategy”) in 2020. The aim of the Strategy is to drive the adoption of blockchain technology in government in a way that supports efficiency, transparency, and productivity. Having recognized the potential of blockchain technology to create new transaction channels for the development of the digital economy, and the need for the government and regulators to embrace its disruptive nature and proactively participate in same, the FRN has now approved the Strategy on May 3, 2023.
This publication highlights some of the salient provisions of the Strategy.
A. WHAT IS BLOCKCHAIN?
According to the Strategy, blockchain technology is defined as a decentralized and distributed ledger that records and validates the authenticity of digital assets. Its technology allows individuals and organisations to record information which cannot be altered without the authorization of the persons or organisations who share the network. Any alterations done to any entry in any ledger without the prior approval will automatically corrupt the entire ledger. This dispenses with the need for the employment of any third party to supervise or validate transactions and address the issues of compromise and vulnerability of this third party.
Blockchain technology is often and most popularly known to be used in financial transactions and transactions involving the transfer of digital assets. This technology however is also used in various other sectors and for various purposes ranging from healthcare to voting, national identity management, internal revenue monitoring, and registries. The Strategy also provides for additional use cases that can benefit from the deployment of blockchain technology in various sectors of the Nigerian economy, such as:
B. THE GOVERNMENT’S STRATEGY FOR BLOCKCHAIN ADOPTION
Through the Strategy, the government has formulated three main pillars upon which the strategy for blockchain adoption is built. They are initiatives; strategic objectives; and consideration for existing government policies, frameworks, and strategies. The goal is to increase the contribution of information and communications technology (ICT) to the country’s gross domestic product (GDP).
ii. Strategic Objectives: there are five (5) strategic objectives for the adoption of blockchain technology. They are to:
iii. Consideration of Existing Government Policies and Regulatory Frameworks: existing frameworks such as the National Digital Economy Policy and Strategy 2020-2023, the E-Govt. Master Plan, Nigeria Data Protection Regulation 2019, Nigeria Cloud Policy 2019, National ICT Policy, 2012, National Broadband Plan 2020-2025, etc. will need to be put into consideration in the implementation of the initiatives under the Strategy.
C. WHO ARE THE STAKEHOLDERS FOR IMPLEMENTATION?
Some of the government institutions with key roles to play in the implementation of the Strategy include SEC, CBN, the Fintech Association of Nigeria, the Corporate Affairs Commission (CAC), NITDA, Federal Ministry of Communication and Digital Economy, Nigerian Bar Association (NBA), Stakeholders in Blockchain Technology Association of Nigeria (SIBAN), Nigerian Bureau of Statistics (NBS), etc.
CONCLUSION
While the government remains somewhat skeptical about the adoption of blockchain, there is no denying that the government recognizes the inevitable role it must play in the global economy.
It is important to note also that the approval of the Strategy has in no way changed any of the existing regulations or directives earlier issued by SEC and the CBN in relation to crypto transactions and crypto offerings. The status quo remains the same until officially recalled by the regulators.
We anticipate, however, that the implementation of the Strategy and the consequent issuance (and amendment where necessary) of regulations and policies will herald a positive shift in the Nigerian technology and financial technology sectors.
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Read the original publication at Pavestones.