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Senate moves to amend Cybercrime Act to reduce cybercrime in Nigeria

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In a bid to reduce cybercrime in Nigeria, the Senate on Wednesday began the process of amending the Cybercrime Act, 2015.

In his opening remarks, to declare a open a one-day public hearing on the Cybercrime (Prohibition and Prevention) Act (Amendment) Bill, 2023 at the Senate Complex, Abuja, on Wednesday, Akpabío said the 10th Senate would do nothing less than ensuring that cybercrime was well fortified.

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Sen.Akpabio, who was represented by the Leader of the Senate, Senator Opeyemi Bamidele, harped on the need to establish a comprehensive legal framework to deter, investigate, pursue and prosecute cyber criminals.

The Senate President stressed the imperative to strengthen the existing laws on cybercrime prohibition and prevention to catch up with technological advancement, adding that certain individuals have exploited the loopholes.

“In this age of rapid technological advancement and widespread internet usage, cybercrime has emerged as a grave menace to our society, economy and personal security. In the past, certain individuals with misguided intentions exploited our weak cybercrime laws, thereby tarnishing the reputation of our country.

“They engaged in a wide array of illegal activities, such as hacking, identity theft, fraud, harassment and cyber terrorism. These crimes not only inflicted significant financial losses upon our country, but also invaded our privacy, disrupted critical infrastructure, and eroded trust in our digital systems,” Akpabio said.

While making a case for additional funding for cybersecurity to protect Nigeria’s digital economy, the lawmaker warned of dire consequences should the nation continue to treat issues relating to national cybersecurity with levity.

Meanwhile, the Nigerian Communications Commission (NCC) in its presentation at the public hearing claimed that Nigeria was losing 500 million dollars annually to all forms of cybercrime including hacking, identity theft, cyber terrorism, harassment and Internet fraud.

Earlier, in his opening remarks, the Chairman of the Senate Committee on ICT and Cyber Security, Senator Shuaib Salisu, explained the rationale and national significance of amending the Cybercrime (Prohibition and Prevention) Act (Amendment) Bill, 2023.

While challenging all the stakeholders invited to the public hearing to bring a wealth of knowledge, experience and diverse perspectives on cybercrime to the front burner, Senator Salisu stressed the hearing was intended to enhance the effectiveness of the law by addressing emerging threats and strengthening existing provisions.

He pointed out that cybersecurity “is a complex and multidimensional challenge that requires a collaborative effort among the government, industry, civil society and academia.”

In its presentation, the Nigeria Union of Journalists (NUJ) called for the amendment of Section 24 of the Cybercrime Act, 2015, arguing that the provisions of the Section undermine freedom of expression and press freedom.

Represented by Comrade Jide Oyekunle, Chairman of NUJ FCT Correspondents Chapel, the Union highlighted how members have been harassed, arrested and detained using provisions of Section 24 of the Act.

Speaking, Comrade Oyekunle stressed Section 24 of the Cybercrime Act is incongruous with the provisions of Section 39 of the 1999 Constitution as amended, which grants freedom of expression and of the press.

“The law was enacted based on the understanding that threats to information and communication technology are a danger to Nigeria’s national security, affecting the country’s “economic, political, and social fabric”.

“It is however unfortunate that the political class deliberately manipulated the provisions of the law to police journalists, criminalise journalism, thereby suppressing freedom of expression and thoughts. This they do in abandonment of the primary objectives the act is set to achieve.

“Authorities have attempted to silence opposition views in the online media through arbitrary interpretation and abuse of the Cybercrimes (Prohibition and Prevention) Act, 2015, particularly Section 24.

“The government and other powerful entities have hidden behind the accusation of cyberstalking to harass and press charges against online and traditional journalists for expressing views that are considered unfavourable.

“Section 24 of the Cybercrimes Act is incongruous with the provisions of Section 39 of the 1999 Constitution as amended which grants freedom of expression and of the press. To continue to retain Section 24 of the Cybercrime Act is inimical to our democratic rights as citizens,” Oyekunle said.

Chairman of the Senate Committee on National Security and Intelligence, Senator Shehu Umar, who is the main sponsor of the bill, at the public hearing, expressed concerns about the alarming rate of exploitation and growing threat to cybersecurity across all sectors of the Nigerian economy.

Senator Umar noted that the high cases of cybercrime had placed demands on the country to review the country’s law. He maintained that current provisions are not effective in combating cybercrimes efficiently.

“Prioritisation of funding for cybersecurity should be a matter of national urgency in the category as the national food security emergency recently declared by His Excellency, President Bola Ahmed Tinubu.

“If the National Cybersecurity Programme is not effectively funded, the gains of the digital economy will be defeated. There is an urgent need for the country to amend the country cybercrime law.

“The current provisions handicapped the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC) National Information Technology Development Agency (NITDA), Central Bank of Nigeria (CBN) and the Nigeria Police to do their work effectively.

“If we must survive as a federation, the current weak approach to enforcing national cyber security directives must be examined and prioritised among other considerations. Currently, EFCC, ICPC, NITDA, CBN, and Nigeria Police funding concentrates on fighting cybercrime activities based on their limited Act,” Umar said.

The one-day public hearing on the Cybercrime (Prohibition and Prevention) Act (Amendment) Bill, 2023 was hosted by the Senate joint committee on ICT & Cybersecurity and National Security Intelligence.

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