Nigeria Cybercrime Act Needs A New Face

What’s New ??

In the year 2023, precisely on the 18th of October, the upper chamber moved to amend the 2015 Cybercrime Act. Enacted over eight years ago to ensure the digital security of critical infrastructures for both the public and private sectors, promote digital safety, usage, compliance and professionalism in the dissemination of data. The implementation introduced the country's technological space to an era of acceptance and portrays government commitment to combat cyber threats. It was a great milestone and well applauded.

On the flip side, this achievement has been accompanied by lots of open reservations, criticisms, and expressions of inadequacy, which has generated many debates. A paper published in 2023 by the International Institute of Strategic Studies has argued these very issues. The British institute contends that the “current state of Nigeria’s cyber security posture is insufficient for national security, economics, business, institutions and critical infrastructure.” This bold assertion coincides with the Senate's call for reviewing and amending the existing Act.

The bill seeks to rectify some of the incongruities that impede the successful implementation of the Prevention and Prohibition Act of 2015. During the public hearing held on November 13th 2023, sections 24, 35, 39, and 45 were highlighted as some of the areas that need exigent review and amendment. This is to help curtail cybercrimes such as advance fee fraud, hacking, identity thief, and cyberstalking and arm government agencies saddled with executing and interpreting the law with more accurate law to administer justice and also allow freedom of expression and deter such agencies from excessive abuse of such privileges.

What does the law say?

Cybercrimes

• Section 24: Cyberstalking

Penalty: Imprisonment, fine. In extreme cases, both

• Section 35: Purchase or sale of card of another

Penalty: Imprisonment, fine, or both

Duties of Service Provider

• Section 39: Interception of electronic communications

Responsible Actions: Proper application channels should be followed, and authorization of law enforcement to collect or record through the application of technical means.

• Section 45: Power of arrest search and seizure.

Responsible action: A Law Enforcement applies ex-parte to the judge for issuance of a search warrant.

What REALLY needs addressing in the Nigeria Cybercrime Act ?

For the new Cybercrime Prevention and Prohibition Act to be effective the following issues are to be considered:

• Structure a digital environment necessary for effective implementation.
• Structure a landscape that encourages compliance.
• Provide a robust foundation for outlining cyber security policies.
• Develop a system for international collaboration to prosecute cyber criminals and cybercrimes effectively.

Structuring a digital environment necessary for effective implementation

The focus on cybercrimes has created a myopic view in the heart of ordinary citizens, a fraction of veteran professionals and policymakers, without considering the unaddressed loophole that opens up our digital space to all forms of cyber-attacks. For instance, the power company in Nigeria uses both traditional and digitalized meters to monitor power consumption by its customers. Creating a cybercrime law that will incorporate a distinct approach should be adopted as in the case of the power company metering system.

Additionally, considers data protection aspects in organizations. For example, JAMB has been found to have lost student records dated before 2013. These issues even when reported are left unresolved which practically questions the availability of any form of cyber law.

The amended Act will be efficient for streamlining how security, monitoring, and transparency are managed, and also provide an effective boundary for measuring cyber-related crimes

In summary, cybercrime is increasing with new emerging threats and complex attacks causing losses of varying degrees to every sector. In addition, the non-compliance of agencies; both private and public has contributed to the widespread cybercrime and implementation failure of the Act, by failing to adhere to appropriate and lawful procedures when carrying out their duties. This has raised the issue of lack of transparency on the part of such agencies and has generated misgiving for receiving proper justice among shareholders. The Nigeria Cybercrime Act needs a new face, but will the proposed amendment actually make any difference?

To be continued......

By: Josh Troubador

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