Cybercrime

When Nigeria’s telecoms revolution took off after
the licensing of GSM operators in 2001, it heralded
positive developments for Nigerians as a people,
and the economy in general. Communications
among Nigerians and between Nigeria and the rest
of the world, which was very difficult, became
simplified almost overnight.
As the GSM operators penetrated the virgin market,
information technology devices became prime
gadgets for acquisition by Nigerians.
In no time, computers with internet connections
became ubiquitous, and with the coming of data
services, devices with mobile internet capability
became choice attraction. When the tablet
computer took the world by storm, Nigeria and
Nigerians were not left out as tablets of various
brands found their way to Nigeria, and were
promptly gobbled up by a population whose desire
to communicate became almost insatiable.

Thus, Nigerians joined the rest of the world in
being active in cyberspace. Thousands, even
millions, opened email accounts, and started
playing games online. E-commerce gained ground,
and online retailers are smiling to the banks. But
like every good thing, the ugly came with it.
Scammers started operating in cyberspace, ripping
off the unwary. While the Police and other law-
enforcement agents tried their best, a major flaw
existed: there was simply no law that captures
cybercrime and prescribes punishment for cyber
criminals.
It was this that prompted many interest groups in
the ICT arena to clamour for a cyber crime law to
regulate activities in the sector as well as to take
care of the criminally-minded.
Only recently, the Senate passed the long-awaited
Cyber Crime Bill into law.
It would be recalled that in the past 10 years,
several bills on cybercrime had been pushed to the
National Assembly by the Nigerian Information
Technology experts, but none scaled through the
final reading on the floor of the Senate.
Many of the bills did not even get a mention, but
recently, one of the bills eventually passed through
the final reading and was approved by Senate, a
development that has drawn commendations
from ICT professionals in the country.
In 2011, Senator Gbenga Kaka (APC, Ogun East)
had presented a bill to stop cybercrime. But the
bill came under controversy due to a section
related to social media.
In January, President Goodluck Jonathan in the bill
titled, “Cybercrime Bill, 2013”, which was routed
through the Senate President, David Mark, had
urged members of the upper legislative chamber to
consider its enactment into law.
The bill introduced July 28, 2011, was targeted at
curbing the activities of internet scammers, who
always give the country bad name, both locally and
internationally.
Cybercrime
Cybercrime is a term for any illegal activity that
uses a computer as its primary means. It also
includes any illegal activity that uses a computer
for the storage of evidence.
Cybercrimes include crimes that have been made
possible by computers, such as network intrusions
and the dissemination of computer viruses, as well
as computer-based variations of existing crimes,
such as identity theft, stalking, bullying and
terrorism.
The passage of the bill is also part of the
continuation of measures towards safeguarding the
nation’s presence in cyberspace while ensuring
protection of critical national information
infrastructure. Accordingly, the bill provides for the
prohibition, prevention, detection, response,
investigation and prosecution of Cyber Crimes and
for other related matters, 2014.
Boosts Nigeria’s image
One thing is clear with the passage of the bill.
Cyber crimes, especially the advanced fee fraud
popularly known as 419 are expected to be
reduced to the barest minimum.
Similarly, with the passage of the bill, notable
official government websites including that of
National Information Technology Development
Agency (NITDA), the country’s clearing house for
IT projects will now be adequately protected..
Meanwhile, chairman of the Senate Committee,
Sen. Umaru Dahiru, while presenting the report
before the Senate for consideration and passage
said that the bill seeks to provide a legal
framework for the implementation and evaluation of
response and preventive measures in the fight
against cyber crime in line with international best
practices.
Provisions of the law
It provides a legal framework for the prohibition
and punishment of electronic fraud and cybercrime
whilst promoting e-government services, electronic
communications and transactions between public
and private bodies as well as institutions and
individuals.
The law has criminalized certain acts and
omissions in line with regional and international
best practices and provide procedural guidelines
for the investigation of such offences.
It also defines the liability of service providers and
ensures that national interest is not compromised
by the use of electronic communications.
Meanwhile, Deputy Senate President, Ike
Ekweremadu, who presided over the plenary
session of the Senate on Thursday, 23 October, put
the question on the bill that sailed through third
reading and was thus passed. Ekweremadu noted
that the Bill would go a long way in fighting
corruption as well as reduce to the barest
minimum the rate of cyber-crime in Nigeria.
Stakeholders react
Commending the passage of the Cybercrime Bill
into law, CEO of Mobile Software Solutions, Chris
Uwaje however noted that the law is
fundamentally flawed by the fact that the
foundation for the ICT Legislation Architecture for
Nigeria which is the “National Information
Technology (IT) Bill” and its enabling Acts- has not
been laid.
For Lanre Ajayi, ATCON President, the passage of
the bill is welcome , adding that it would boost e-
commerce. Similarly, Jimson Olufuye, chairman of
the Africa ICT Alliance, also commended passage
of the bill, noting that what is critical is smooth,
full implementation of its provisions.
Speaking on the new development, Jide Awe,
Chairman Publicity, Trade and Event Committee of
Nigeria Computer Society believes that the bill
requires the President’s assent to become law.
“Cybersecurity legislation is however long overdue”
he said. The political class has actually been quite
slow and it is about having an appreciation of the
damage absence of cyber legislation does to a
nation and its people.
Provides for a safe digital environment
“Effective enforcement will deter and penalize cyber
mischief, and stem the negative misconceptions
about the Nigerian nation in the foreign media and
community.