LEGAL FRAMEWORK IN PLACE IN NIGERIA TO FIGHT CYBER CRIME

CYBER CRIME ACT 2015

The Act is known as the Nigeria Cyber Crimes Act 2015. The new Cyber Crimes Act signed into law 2015 stipulates that, any crime or injury on critical national information infrastructure, sale of pre-registered SIM cards, unlawful access to computer system, cyber-terrorism, among others would be punishable under the new law. Section 2 provides for its application which provides inter alia that the provisions of this Act shall apply throughout the Federal Republic of Nigeria

THE OBJECTIVE OF THE ACT IS PROVIDED AS FOLLOWS:

• To provide an effective and unified legal regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cyber

• To ensure the protection of critical national information on infrastructure and crimes in Nigeria.

• Promote cyber security and the protection of computer system and networks, electronic communication data and computer programs, intellectual property and privacy rights.

Section 2 provides for its application which provides inter alia that the provisions of this Act shall apply throughout the Federal Republic of Nigeria. However, the challenge one faces with this application is the issue of geographical boundary. Knowing that in the cyber space there is nothing like geographical boundary.

To make Nigeria a cyber-resilient State, with ability to define strategy for public and private sector organizations to implement minimum structures to be resilient in cyberspace the National cyber security framework was formulated to achieve the following;

• Highlight the basic functions organizations have to perform, to enable them overcome the negative consequences of cyber-attacks

• Determine, analyze and implement such global information assurance frameworks that could effectively safeguard the organizations in cyberspace

• Create a framework for capacity building to address issues of global dearth of technical personnel, and earn a supplier status

• To create a collaboration mechanism for organizations seeking to benefit from the experiences and intelligence of other organizations in a coordinated manner

• Ensure that critical equipment and software are strictly guided using the Local Content policy, as well as structures to identify and forestall the dissemination of sensitive information through backdoors in procurement of ICT equipment

• Enshrine administrative and operational compliance mechanisms for the effective realization of the above objectives

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY CHAMAN LAW FIRM TEAM

EMAIL: chamanlawfirm@gmail.com

TEL: 08065553671, 08024230080