Nigeria does not have a wholesome legislation to check cybercrime. Could the gruesome killing of Cynthia Osokogu be a catalyst to produce a much needed cybercrime law? ADESUWA TSAN and EDEGBE ODEMWINGIE report.
If it is fraud related, think Nigeria. Globally, the country has top bragging rights as per activities of its conmen. The “419” swindle, named after the penal code that outlaws it, has come to exemplify a disturbing tag that follows many Nigerians wherever they go.
In a typical scam, people overseas are promised a share of non-existent riches in return for details of their bank accounts which are then emptied. The scam includes but not limited to: Advance fee fraud, purchase frauds, counterfeit postal money orders, online automotive fraud, counterfeit cashier’s check scam, cash the check system, PayPal Fraud, business opportunity or “Work-at-Home” schemes, money transfer fraud, dating fraud, and charity fraud.
The 419 scam has been very successful in the past 20 years. According to an international news agency, “it is a significant foreign exchange earner in Nigeria”. Nigerians perpetuated the biggest ever 419 swindle: a $180m fraud that brought down a Brazilian bank.
Lately, the scam has shifted to the internet and supporting mediums. With billions of peoples all over the world on Twitter, Facebook, LinkedIn and other social media platforms, the new media has been tagged as a “scammer’s paradise”.
In the recent weeks, the scam took a local and gruesome dimension with the killing of Cynthia Osokogu.
Last seen on July 22, 2012, Osogoku, a post-graduate student of Nassarawa State University and budding business tycoon was lured by her “friend” on a BlackBerry chat room group to Lagos. She was raped, strangled and robbed.
LEADERSHIP checks revealed that an executive Bill for cybercrime legislation is in the offing. The document which was generated from the office of the National Security Adviser (NSA) has already been forwarded to the office of the Attorney General of the Federation (AGF) and Ministry of Justice for further inputs. How long Nigerians have to wait for the AGF’s inputs is not clear.
Before this new effort that is still in the incubator, there have been about six private member bills introduced at the National Parliament seeking to provide legal framework for cyber security. But typically, they all fizzled out, apparently like a deluge of other bills that does not enjoy the support of the executive.
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A fast track
For all it is worth, come September, federal lawmakers say they will fast track legislative debates to produce a comprehensive cyber crime legislation for the country. The caveat still is: “if it is presented”.
Logically, the planned legislation will provide a comprehensive, all-embracing Nigerian cyber security law to check cyber crimes among internet users in Nigeria.???????
Broadly, cybercrimes refer to offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as the Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS). Such crimes may threaten a nation’s security and financial health.
The House of Representatives spokesman and Chair of Committee on Media and Public Affairs, Zakari Mohammed (Kwara/PDP) on Friday told LEADERSHIP on phone that the Lower House will give accelerated hearing to the Cyber Crime Bill when it is presented.
“The Bill will receive an accelerated hearing if and when it is presented”, he disclosed.
A cocktail of Bills dealing with computer misuse and cyber crime before both chambers of the National Assembly has failed to become law in Nigeria.
The Bills are the Computer Security and Critical Information Infrastructure Protection Bill 2005; Cyber Security and Data Protection Agency Bill 2008; Electronic Fraud Prohibition Bill 2008; Nigeria Computer Security and Protection Agency Bill 2009; Computer Misuse Bill 2009 and the Economic and Financial Crimes Commission Act (Amendment) Bill 2010.
Advance Fee Fraud and other Fraud Related Offences Act 2006, is currently the only law in Nigeria that deals with internet crime issues. The Act only covers the regulation of internet service providers and cybercafés, but does not deal with the broad spectrum of computer misuse and cyber crimes.
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Criminals sin some more
Following the hoopla that has greeted the gruesome murder of Cynthia Osokogu, the police that have expertly and efficiently risen to the task by promptly arresting the alleged culprits. They may soon charge them before the law courts. But that is where the difficult part starts; the police may well be hamstrung in terms of the charges it would bring on them.
Informed watchers say the culprits may only face criminal charges relating to rape and murder, but not a cyber crime offence. This is due to the absence of a cyber crime legislation.
As it stands, many criminal minded Nigerians may just be sitting comfortably using their various ICT gadgets to commit sundry criminal offences, without a care of being found out. The source of their confidence: there is no law under which they could be charged if found.
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