Theintegration of computer technology as a global issue, where the economy of mostnations in the world becomes accessible through the use of Information communication and technology, has left countries like Nigeria open to many cyber risks. In such states, proper law to check Cybercrime becomes an eluding factor in cyberspace transactions. Computer related crimes become so endemic, that the economy feels the impact negatively.
The issue became so problematic and embarrassing that relevant stakeholders put heads together and began to push for a cybercrime law to protect cyberspace transactions in Nigeria. However, for many years, the bill became a still birth in the country’s National Assembly throwing up many debates as to whether the country has the capacity to sustain its burgeoning Information and Communications Technology, ICT status.Fortunately on May, 25, 2015, just at the tail end of former President Goodluck Jonathan’s administration, the bill was signed into law. The bill which went through the rigorous process of 60th Chambers of the National Assembly before it was passed into an Act lists offences and penalties including unlawful access tocomputers, unlawful operation of cybercafes, system interference, intercepting electronic messages, emails, e-money transfer, tampering with critical infrastructure, Computer-related forgery.
Also, crimes like theft of electronic devices, electronic signature, child pornography and related offences, racism and xenophobic offences are punishable under the Act. However, besides the objective of providing an effective and unified legal, regulatory and institutional framework for the prohibition, prevention, detection prosecution and punishment of cybercrimes in Nigeria, there was a critical objective of the bill which interests ICT professionals particularly those in the telecom sub sector.The bill, sought to ensure the protection ofcritical national information infrastructure.
It therefore means that the passage and signing into law of the bill, automatically prohibits any crime or injury on critical national information infrastructure, sales of pre-registered Sim cards, unlawful access to computer systems, Cyber-Terrorism, among others and make them punishable by law.A peep into part II of the bill which deals with “protection of critical national national information infrastructure” the Act stipulates that (1) The President may, on the recommendation of the National Security Adviser, by Order published in the Federal Gazette, designate certain computer systems or networks, whether physical or virtual, the computer programs,computer data or traffic data vital to this country that incapacity or destruction of or interference with such systems and assets would have a debilitating impact on security, national or economic security, national public health and safety or any combination of those matters as constituting Critical National Information Infrastructure.(2) The Presidential Order made under subsection (1) of this section may prescribe minimum standards, guidelines, rules or procedure in respect of- (a) The protection or preservation of critical information infrastructure……The Presidential Order made under section 3 of this Act may require the Office of the National Security Adviser to audit and inspect any critical National Information infrastructure at any time to ensure compliance with this Act. Also in part III of the Act which stipulates offences and penalties, It is now law that:(1) A person who, with intent commits any offence punishable under this Act against any critical national information infrastructure designated under section 3 of this Act, is liable on conviction to imprisonment for a term of not more than 10 years without option of fine. (2) Where the offence committed under subsection (1) of this section results in grievous bodily harm to any person, the offender is liable on conviction to imprisonment for a term of not more than 15 years without option of fine.(3) Where the offence committed under subsection (1) of this section results in the death of a person, the offender is liable on conviction to life imprisonment.(1) A person who, without authorization, intentionally access in whole or in part a computer system or network for fraudulentpurposes and obtains data that are vital to national security, commits an offence and is liable on conviction to imprisonment for a term of not more than 5 years or a fine of not more than N5,000,000.00 or both.(2) Where the offence provided in subsection (1) of this section is committed with the intent of obtaining computer data, securing access to any program, commercial or industrial secrets or classified information, the punishment shall be imprisonment for a term of not more than 7 years or a fine of not more than N7,000,000.00 or both.(3) A person who with the intent to commitan offence under this section, uses any device to avoid detection or otherwise prevent identification or attribution with the act or omission, commits an offence and is liable on conviction to imprisonment for a term of not more than 7 years or to a fine not more than N7,000,000.00 or both such.(4) A person or organization who knowingly and intentionally traffics in any password or similar information through which a computer may be accessed without lawful authority if such trafficking affects public, private or individual interest within or outside the Federation of Nigeria, commits an offence and is liable on Conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or both.The Act in part III, section 7, also sets out the guidelines and requirements for operating a cybercafe in the country. It also makes clear the punishments for perpetrating crime through cybercafes.
A person who without lawful authority intentionally or for fraudulent purposes does an act which causes directly or indirectly the serious hindering of the functioning of a computer system by inputting, transmitting, damaging, deleting,deteriorating, altering or suppressing computer data or any other form of interference with the computer system, which prevents the computer system or any part thereof, from functioning in accordance with its intended purpose, commits an offence and is liable on conviction to imprisonment for a term of not more than 2 years or to a fine of not more than N5,000,000.00 or both.A person who unlawfully destroys or aborts any electronic mail or process through which money or valuable information is being conveyed, commits an offence and is liable on conviction to a term of imprisonment for 7 years in the first instance and upon second conviction,is liable to 14 years imprisonment.
From the commencement of this Act, any person being employed by or under a Local Government of Nigeria, private organization or financial institution with respect to working with any critical infrastructure or electronic mail commits any act which he is not authorized to do by virtue of his contract of service or intentionally permits tampering with such computer, commits an offence and is liable on conviction to a fine of N2,000,000.00 or imprisonment for three years.In section 11 of Part III of thuis Act, the law also sets hurdles for those who deliberately misdirects electronic messages for selfish reasons. they could go to as much as 3 years in jail with even afine of up to N1M.(1) A person who intentionally and without authorization, intercepts by technical means, non-public transmission of computer data, content, or traffic data, including electromagnetic emissions or signals from a computer, computer system, or network carrying or emitting signa,s, to or from a computer, computer system or connected system or network commits an offence and is liable on conviction to a term of imprisonment of not more than 2 years or a fine of not morethan N5,000,000.00 or both.(2) A person or organization who, by means of false pretense, induces any person employed by or under the federal state or local government of Nigeria or any person in charge of electronic devices to deliver to h9im any electronic message which including e-mail, credit and debit cards information, facsimile messages which is not specifically meant for him or his organization (in the latter case except he is authorized to receive such messagesfor and on behalf of his organization), commits an offence and is liable on conviction to a term of imprisonment for 2 years or a fine of not more than N1,000,000.00 or both.(3) A person who, being employed by or under the authorities of the Local, State or Federal Government of Nigeria or private organization who intentionally hides or detains any electronic mail, message, electronic payment, credit and debit cards which was found by him or delivered to him in error and which to his knowledge ought to be delivered to another person, commits an offence and is liable on conviction to imprisonment for a term of 1 year or a fine of N250,000 or both.
A person who knowingly accesses any computer or network and inputs, alters, deletes or suppresses any data resulting in inauthentic data with the intention that such inauthentic data will be considered or acted upon as if it were authentic or genuine, regardless of whether or not suchdata is directly readable or intelligible, commits an offence and is liable on conviction to imprisonment for a term of not less than 3 years or a fine of not less than N7,000,000.00 or both.(1) A person who knowingly and without authority or in excess of authority causes any loss of property to another by altering, erasing, inputting or suppressing any data held in any computer, whether or not for the purpose of conferring any economic benefits on himself or another person, commits an offence and is liable on conviction to imprisonment for a term of not less than 3 years or to a fine of not less than N7,000,000.00 or both(2) A person who with intent to defraud, sends electronic message materially misrepresents any fact or set of facts uponwhich reliance the recipient or another person is caused to suffer any damage or loss, commits an offence and is liable on conviction to imprisonment for a term of not less than 5 years and to a fine of not less than N10,000,000.00 or both.(3) A person who with intent to defraud, franks electronic messages, instructions superscribes any electronic message or instruction, commits an offence and is liable on conviction to imprisonment for a term of not more than 3 years or to a fine of not more than N5,000,000.00 or both.Being a core critical national infrastructure itself, telecom facilities may seem to have been covered and duly protected by this law. Industry practitioners believe that all things being equal, a greater percentage ofthe headache of the telecom operators hasbeen taken care of and that there is no reason the country will not begin to see animproved telecom services in the shortest time possible.
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