BEYOND AMENDING THE CYBERCRIME ACT
The authorities should do well by enforcing the law
At the recent inauguration of the public hearing on the Cybercrime (Prohibition and Prevention) Act (Amendment) Bill, 2023, Senate President, Godswill Akpabio, expressed concerns about the growing cybercrimes in Nigeria. The Senate response is coming following revelation by the Nigerian Communications Commission (NCC) that Nigeria “is losing $500 million annually to all forms of cybercrime including hacking, identity theft, cyber terrorism, harassment and Internet fraud.” But while reviewing and amending the Cybercrime Act, 2015 may help, it will not on its own put an end to the exploitation of Nigeria’s digital space by cybercriminals.
Cybercrimes refer to those criminal acts such as identity thefts and bank frauds facilitated using the internet. But as many Nigerians know, to our collective shame, our country is often cited as a breeding ground for most of these nefarious practices because of the activities of some few citizens. In recent years, some criminal elements in Nigeria have been using these modern telecommunication networks such as the internet and mobile phones to commit all manner of crimes that give us a bad image.
Ordinarily, Information and Communications Technology (ICT) is now as basic to our lives as water and electricity. Many individuals, corporate organisations and government agencies depend on ICT and computer networks to perform simple as well as complex tasks – from social networking and research to business and commerce. However, the cyberspace is vulnerable as many businesses, agencies and individuals are being increasingly threatened by cyber criminals not only within the country but around the world. According to the 2023 Africa Financial Industry Barometer, developed in partnership with the Africa Financial Industry Summit and Deloitte, 97 per cent of surveyed executives at top financial institutions on the continent consider cybercrime a significant threat.
There is no doubt that there is an upsurge of cybercrime in Nigeria. According to the Central Bank of Nigeria (CBN), 70 per cent of attempted or successful fraud/forgery cases in the Nigerian banking system were perpetrated via the electronic channels. The country is ranked third in global Internet crime after the United States of America and United Kingdom while 7.5 per cent of the world’s hackers are said to be Nigerians. Committed mostly by the young, often called “Yahoo” boys, a precursor of the ‘419’ email scammers, the fraudsters are increasingly taking advantage of the rise in online transactions, e-commerce, and the electronic messaging systems to engage in all manner of crimes.
In 2015, the Cybercrime Act was passed into law to address the challenges. The law criminalises a variety of offences – from ATM card skimming and identity theft to possession of child pornography. It imposes, for instance, seven years imprisonment for offenders of all kinds and additional seven years for online crimes that result in physical harm, and life imprisonment for those that lead to death. But like almost every law in the country, there is the problem of enforcement. Some “yahoo boys” still throng cybercafé premises daily to “transact” their business with the owners looking away.
We recognize that the Economic and Financial Crimes Commission (EFCC) has made considerable efforts in securing conviction for many of these internet fraudsters. But much more still needs to be done. What is sorely needed is an improvement in the capacity of relevant ICT and cyberspace stakeholders for the training and support of cyber security officials and the sharing of cyber security best practice from across the globe. These, in addition to building the capacity of local law enforcement, will help to stem this problem that dents the reputation of our country.
