Consequently the information security society of africa nigeria is set to hold a. In particular, as a result of the newly enacted cybercrime act 2015, nigeria can now assert of a legislation that is in place for the purpose of combating cybercrimes. Scranos cloaks itself as cracked software or apps that pose as legitimate programs, such as ebook readers, video players, drivers, and even security products. Nigeria ensure the protection of critical national information. The rise of internet technology has changed the daily activities of people for the better, ranging from education to health care, business to national security, touching nearly every sector. Cybercrimes act 2015 and need for further amendments the. An appraisal of the nigerian cybercrime prohibition.
Up until the 5th of may 2015 when the nigerian national assembly passed the cybercrime prohibition, prevention etc act 2015, into law, nigeria failed to enact any laws regulating cybercrimes. The nigeria cybercrimes prohibition, prevention, etc act. The nigerian cybercrime act 2015 is a novel piece of legislation, this is because it is the first nigerian federal law which was created specifically to deal with the criminal threats and issues we face in the digital age. Section 24 of the cybercrime act, 2015 is the law under which nigerians have been and are being booked in this regard. Cybercrimes prohibition, prevention, etc act, 2015 explanatory memorandum the act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in nigeria. Nigerias cybercrimes prohibition, prevention, etc act 2015 and critical national infrastructure research pdf available august 2015 with 1,215 reads how we measure reads. Objectives provide an effective and unified legal, regulatory. The cybercrimes prohibition, prevention, etc act 2015. Emma okonji unsatisfied with the ruling of the abuja federal high court, the legal battle over the constitutionality of sections of the nigerian cybercrime act 2015 has now moved to the supreme court. Viewing the cybercrime act 2015 from a global perspective ayo rotibi.
The act was passed into law by the nigerian national assembly on the 5th of may, 2015. This act also ensures the protection of critical national information infrastructure, and promotes cybersecurity and. Several months ago, the nigerian president announced the formation of a cybercrime committee. Groups challenge nigerian cybercrime act thisdaylive. The nigerian cybercrimes prohibition, prevention, etc act 2015 is the first nigerian cybercrime legal and regulatory framework enacted to regulate the activities of persons in the cyberspace in nigeria. This aligns with articles 23 25 miscellaneous use of terms. Cybercrime act 2015, below are some of the offenses. An appraisal of the legal framework of cybercrime in nigeria by babafemi tomilehin ms tomilehin obtained a 1 st class in the bachelor of law at the afe babalola university and is a legal practitioner and member of the nigerian bar.
Be itenacted by the queens most excellent majesty, by and with the advice and consent of the senate and house ofrepresentatives ofjamaica, and by the authorityofthe same, as follows. Scranos is a trojan horse that steals information from the compromised computer. This is a highlevel overview of what the cybercrime act 2015 provides, and things we should be aware of. Specifically, the study examines how the character of political leadership in nigeria leads to wrongful application of the. The law, in very vague, overbroad and impermissible terms restrict and criminalizes expressions and speeches made via computer systems or networks including social media. Legal risk exposures of information technology companies. The 15member committee consisted of representatives from the both government and private sector, and were tasked with designing solutions for nigerian internet based fraud and cybercrime. One of the last duties performed by nigerias immediate past president, dr goodluck jonathan, was to sign the administration of criminal justice act 2015 acja into law on may 15, 2015. An appraisal of the nigerian cybercrime prohibition, prevention etc.
In response to the various requests and demands from concerned stakeholders in both the ict and legal sectors, dr. Onoja2 federal university of technology, minna, nigeria abstract with advancements in modernization came the infiltration of information and communication technologies across the world, nigeria inclusive. Under the cybercrime act 2015 in nigeria, hackers, if found guilty, of unlawfully accessing a computer system or network, are liable to a fine of up. This act may be cited as the cybercrimes act, 2015 and shall come into operation on such date as the minister may, by notice published in the gazette, appoint. The nigerian cybercrime act 2015 gives the president the power to designate certain computer systems, networks and information infrastructure vital to the national security of nigeria or the economic and social wellbeing of its citizens, as constituting critical national information. This study assesses the cybercrime act 2015 and its implica tions for online press freedom in the liberal authoritarian state of nigeria. Nigerias cybercrimes prohibition, prevention, etc act. Who manages the alternate taxation running into millions of naira aggregated by the cybercrime security fund established under the nigeria cybercrimes act 2015. The administration of criminal justice act acja 2015 has been described as one revolutionary legislation in the advancement of criminal procedure in nigeria. Pdf nigerias cybercrimes prohibition, prevention, etc. The cybercrimes act 2015 is the first legislation in nigeria that deals specifically with cyber security. As the internet expands, its vulnerabilities have become. Home tag cybercrime act 2015 nigeria pdf criminals get 7year jail term as nigeria passes cyber crime law. Pdf cybercrime prohibition,prevention,etc act, 2015 1.
Nigeria cooperates well with law enforcement from other jurisdictions. An act to make provisions for criminalizing offences related to. Several benefits are obtainable from these but also prevalent are some associated. Act, 2015 the act was enacted to provide a unified legal, regulatory and institutional framework for the prohibition, prevention, detection, investigation, and prosecution of cybercrimes in nigeria. This act on this day entered into the corpus of legislations validly in force within. The cybercrime act 2015 has also created a controversial provision where if a body corporate is charged and found guilty of an offence under the act, then a court may make an order for it to wind up its assets and the assets of the company will be forfeited to the federal government.
The cybercrime act 2015 is aligned with the spirit of the budapest convention in many ways. Parts vii and viii judiciary and international cooperation. Viewing the cybercrime act 2015 from a global perspective. A summary of the legislation on cybercrime in nigeria.
The nigerian cybercrime act 2015 and its implications for. Aug 24, 2015 cybercrimes act 2015 and need for further amendments even the older generation are quite aware that the times have changed. Prohibition, prevention, etc act, 2015 explanatory memorandum the act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in nigeria. Act 2015, which signed into law on the 15th of may, 2015.
The reach and impacts of the cybercrime act, 2015 on. Unfortunately, the act has certain shortcomings as already aforementioned in this chapter. Challenges to enforcement of cybercrimes laws and policy. A sevenyear jail term awaits offenders of computerrelated fraud and other cyber crimes following a new law passed by the senate of the federal republic of nigeria. It initiated the registration of gsm users in 2011 and in 2014 the central bank of nigeria cbn launched a centralised biometric identification system for the banking industry, tagged bank verification number bvn. The cybercrimes act 2015 tanzania hereafter the act is expected to come into force upon the publication in the government gazette by the minister responsible. The mauritius computer misuse and cybercrime act, 2003. It was signed into law by former president goodluck jonathan on 15 may 2015. Accepted 25 july, 2016 cybercrime, a concept which to date has defied a globally accepted definition, appears to be the latest scourge plaguing man and same has occupied the cynosure. The act provides an effective, unified, and comprehensive legal, regulatory, and institutional framework for the prohibition, prevention, detection, prosecution, and punishment of cybercrimes in nigeria cybercrime prohibition, prevention, etc.
The cybercrime act 2015 provides a gamut of specific international cooperation measures which includes jurisdiction sec. The cybercrimes act 2015 is the first legislation in. This study assesses the cybercrime act 2015 and its implications for online press freedom in the liberal authoritarian state of nigeria. Therefore, this article attempts a critical analysis of the provisions of act, highlights the pitfalls of the act and possible conflicts with other acts. With the advent of information and communication technology, massive digitalization and. As at the time of the commencement of this research in october 2012, there was no single legislation in nigeria dealing with cybercrime offences. The cybercrimes prohibition, prevention, etc act, 2015 is the first act enacted in nigeria to regulate the conduct of persons in the cyberspace and cybercrimes in nigeria. Consequently the information security society of africa nigeria is set to hold a stakeholders conference to enlighten nigerians on the act.
Nigerias cybercrimes prohibition, prevention, etc act 2015. The act provides an effective, unified, and comprehensive legal, regulatory, and institutional framework for the prohibition, prevention, detection, prosecution, and. The said act has long been expected, and nigerians are optimistic as to the positive effect it will have in mitigating cybercrime in the country. This act may be cited as the cybercrimes act, 2015. Definition and use of terms are similar in the act and convention the act has more terms and definitions listed than the convention. Access with intent to commit or facilitate commission of offence. The act is a legislative response to the increasing rate of fraudulent activities in. The act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in nigeria. The nigerian cybercrime act 2015 is a novel piece of legislation, this is because it is the first nigerian federal law which was created specifically to deal with the. Application part ii protection of critical national information infrastructure 3. Cybercrime act, 2015 arrangement of sections section part i object and application 1. Designation of certain computer systems or networks as critical national information infrastructure. Nigerias cybercrimes prohibition, prevention, etc act 2015 and critical national infrastructure.
The act contains 59 sections, 8 parts and two schedules. The bill was assented on the 25th april, 2015 by the president of united republic of tanzania into law. Goodluck ebele jonathan, at the twilight of his administration, signed into law the cybercrime prevention, prohibition etc. Up until the 5th of may 2015 when the nigerian national assembly passed the cybercrime prohibition, prevention etc act 2015, into law, nigeria failed.
The nigeria computer emergency response team has the mission to achieve a safe, secure and resilient cyberspace in nigeria that provides opportunities for national prosperity. You can read the full provisions of the act here cybercrime prohibition, prevention, etc act 2015. The cybercrime act of 2015 is the first legislation in nigeria that deals specifically with cybersecurity. Lawyer sues govt on section 24, cybercrimes act 2015 the. Cybercrimes act 2015 and need for further amendments even the older generation are quite aware that the times have changed. Save for section 50, this act shall apply to mainland tanzania as well as tanzania zanzibar. The act itself contains 43 sections, and is a very important piece of legislation to foster the development of the nascent ict sector in nigeria. National cyber security policy and strategy of nigeria. Unauthorized interception of computer function or service. Pdf nigerias cybercrimes prohibition, prevention, etc act 2015.