Cybercrimes Act: Sole Solution

The high rate at which countries are collapsing into one another in the name of globalization, which is interdependence taken too far, portends terrible risks for the political, economic, social and security systems of the weaker ones. Several of the newest scientific and technological developments in the world have thrown up challenges that have become the defining realities of the moment.

At both national and international levels, countries have continued to design strategies for the effective minimization of the dangers that are inherent in the innovations that are meant to benefit mankind. Countries, irrespective of their varying sizes and locations, are in one kind of partnership or another for the purpose of making the advancements recorded in the world much more beneficial and much less inimical to their interests.

The technological revolution in the information sector which has broadened the scope of communication remains a major challenge for the world. Sharp rise in the number of information sources and outlets as well as introduction of improved facilities for gathering, processing and reporting personalities, events and situations have come with a corresponding and compelling need for a coordinated control of the entire process to guard against breach of peace and security.

The rising threats to security, especially in the cyberspace caused by the numerous technological advancements in the information sector have become the most disturbing phenomenon to which governments of most countries either unilaterally, bilaterally or multilaterally have continued to pay utmost attention. What appears as the best strategy for the control of crimes in the cyberspace is appropriate legislation and strict enforcement of the laws.

Nigeria’s approach in this regard as evident in the promulgation and enforcement of the Cybercrimes Act of 2015 has fully satisfied the demand for a result-oriented measure. It is, in fact, a clear proof that the country has not only come to terms with the reality but is also developing the capacity for the fight against crimes being committed in the cyberspace.

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By coming up with what has been described by some security experts as a “comprehensive piece of legislation aimed at combating cyber crime and enhancing cybersecurity”, the government has got it right. No any other measure can ever be as effective, especially considering the comprehensibility and applicability of all the provisions of the law.

As stated in the Explanatory Memorandum, the Cybercrimes (Prohibition, Prevention, etc) Act, 2015 “provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution, and punishment of cybercrimes in Nigeria.” Even after it was amended earlier this year, 2024, the Act remains the country’s best mechanism for the fight against cybercrimes and  therefore its own valuable contribution to the world’s effort in this regard.

All the sections and parts of the Act contain clear explanations about the various cybercrimes, punishments for each one of them, agencies responsible for prosecution and strategies for prevention. The contents deal with9 all aspects of the criminality in the cyberspace as well as the countermeasures that are required for the fight against the menace.

The Act, as explained in the document, is mainly meant to “ensure the protection of national information infrastructure” and particular bring about the maximization of the security of computer systems and networks as well as intellectual property and privacy rights. This is to avert the crippling effect of the possible damage of the critical information infrastructure on the “national or economic security, national public health, and safety, or any combination of those matters.”

Quite expectedly and, of course, appropriately, various kinds of punishment for the violators of the law on cybercrimes have been clearly spelt out, each of which is severe enough to perfectly serve as a deterrence to others. Under Part 3 which deals with offences and penalties, it is provided that unauthorized access to a computer network for the purpose of the perpetration of fraudulent acts, deployment of any kind of device in order to “avoid detection or otherwise prevent identification or attribution with the act” and intentional trafficking of passwords or any such information that make unlawful access to computers a possibility are infractions that attract hard punishments.

There are other parts of the Act that contain provisions on the duties of financial institutions, administration and enforcement as well as arrest, search, seizure, prosecution, jurisdiction and internal co-operation. This shows that it covers all issues relating to unlawful engagements in the cyberspace, thereby becoming the sole and most reliable solution to all the problems that have continued to bedevil this critical sector.

Even the public concerns over certain citizens’ rights that were expressed when the Act was promulgated in 2015 have now been addressed through an amendment that was carried out this year, by which online communication must have to be ‘knowingly false’ and intended to cause harm before it becomes a criminal offence. The provisions that emphasize on public awareness is meant to ensure that Nigerians are empowered with the necessary knowledge of the Act so that they can maximally enjoy their rights and freedom, which is an indication  that a balance between law enforcement and people’s entitlements has been considered.

Generally, the implementation of the Cybercrimes Act as being coordinated by the Office of the National Security Adviser (ONSA), as the results have shown, is immensely impressive. The establishment of the Cybercrimes Advisory Council in 2016 which comprises representatives of relevant Ministries, Departments and Agencies of Government, conduct of sensitization workshops on cybersecurity, launch of security toolkits for Micro, Small and Medium Enterprises (MSME) as well as the introduction of the country into the Budapest Convention, otherwise known as Convention on Cybercrimes, which is the first international treaty on cybercrimes, are some of the important achievements of the Office for the benefit of the country.