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Increasing Threats on Free Speech As Political Terrorism

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“Everybody likes to get as much power as circumstances allow, and nobody will vote for a self-denying ordinance.” Lord Emerich Edward Dalberg Acton, English Catholic historian, politician, and writer.

One would have thought that the above quote attributed to Lord Acton, which has been captured in another sense as “Power tends to corrupt, and absolute power corrupts absolutely” was only relevant to the military and despotic systems of Government, but recent happenings in Nigeria and other supposedly democratic climes have proven that those words are as relevant today as they were in the worst days of military and dictatorial government across the globe.

When the Cybercrime Act 2015 was signed into Law by the erstwhile President Goodluck Ebele Jonathan at the twilight of his administration in 2015, there was a sigh of relief that Nigeria has finally been able to develop its own regulatory framework to tackle the menace of cybercrime.

The enthusiasm could not be faulted given the bad reputation the country has had to grapple with as result of the activities of the famous cybercriminals popularly known as “Yahoo boys” and lately “Yahoo Plus”.

That enthusiasm was however cut short when it became clear that this law has beyond anything else unleashed another form of terror on Nigerians even while the country grapple with conventional terrorism by Boko Haram.

This terror however is about suppression of core values of any democratic system, which includes freedom of speech. Freedom of speech is an important tenet of any democracy and the apparent suppression of voices of dissent or whistleblowers is nothing short of terrorism in another mode.

Attack on Free Speech is a form of terror and we must curse the darkness while we can. While the Nigerian Police refuted the claims by Chidi Odinkalu and others describing the shooting at a Catholic Church in Ozubulu in Anambra State on August 6 2017 as an act of terror, the Police by inference unwittingly admitted that the trend of arrest of citizens over whistle blowing activity is an act of terror.

Abayomi Shogunle , Head of Nigeria Police Rapid response unit argued on his twitter handle which he typically uses to address issues/complaints about the Nigerian Police, that an act of terror must be politically motivated. Given this line of thought, it is clear that even the Police in Nigeria agree that the political class have now resorted to terrorizing Nigerians for expressing opinions online.

Several citizens are currently going through politically motivated prosecutions in the court. Two of those cases are highlighted here being the most recent experiences and considering the status of the actors involved in them (More cases are summarized in the image below).

It is no longer news that the Governor of Kogi state with the help of the Department of State Security services is currently prosecuting a civil servant. His offence, according to news reports, was posting the image of the Abuja residence of the Kogi State Governor, Yahaya Bello, using a drone camera.

According to the Guardian Newspaper, he was said to have posted the pictures with a caption: “This building is owned by an individual in Kogi where hunger is the people’s first name” to highlight the affluence of the Governor while Government workers groan and struggle to survive over unpaid salaries and citizens live in abject poverty.

The action, the prosecuting counsel who is also a senior legal officer with the State Ministry of Justice said, put “Governor Yahaya Bello and family into threat and harm to their property” and thereby urged the court to take cognizance of the offence of cyber stalking (relying on section 24 of the cybercrimes Act 2015) against the accused.

The action of the Kogi State Government to say the least is the most barbaric form of high-handedness by anyone in power and a total abuse of privilege by using the State Security Service funded by tax payers for an egoistic pursuit. Well, it must be noted that he has a co-traveller in Nigeria’s Senate President, Dr. Abubakar Bukola Saraki.

In an Interview with Punch Newspaper, A 37-year-old primary school teacher in Kwara State, Biodun Baba, who was arraigned before a magistrates’ court in Ilorin for allegedly insulting Senate President Bukola Saraki on Facebook, recounts his ordeal after he reacted to a Facebook post of factional Chairman of the Peoples Democratic Party in the state, Akogun Iyiola Oyedepo on the  discharge and acquittal of the Senate President by the Code of Conduct Tribunal.

He commented in the comment section as follows “Somebody believes that he is above everybody, he is not above the judgment of God. If Saraki has been discharged by the CCT, has he been discharged by God?” Two officials of the DSS came and dragged him to their office in Ilorin.

They gave him a form to write an undertaking that he will never abuse the Senate President again. It didn’t stop there; he was taken to court but was lucky to be defended by a group of lawyers who worked pro-bono to defend him in Court.

The cases involving Bukola Saraki and Governor Yahaya Bello are only 2 of many of such occurrences in Nigeria lately. Paradigm Initiative documented at least 8 of such cases in 2016 alone its Digital Rights in Africa annual report for 2016 and there has been at least 10 of such cases in 2017.

If nothing else, the two cases above represent the most recent form of barbaric attacks on free speech by the Nigeria Political class but nothing of a departure from the pattern of previous documented cases.

Drafters of the Cybercrime Act 2015, their intention notwithstanding, have successfully played into the hands of agents of domination, intolerance and leaders who will rather oppress than protect the citizens that elected them.

This has been a pattern in the last 2 years and it will as a matter of fact increase as the 2019 election draws closer. I hate to opine that a law which was supposed to help curb the scourge of cybercrime in Nigeria has hardly done so but has been the tool of oppression in the hand of the powerful.

Unfortunately, this has been the case and there is no end in sight for the abuse and oppression being perpetrated by the political class and the powerful in connivance with security agencies.

This article should not be seen as an attempt to demonize certain political actors but to challenge the system and frameworks that encourage and allows the oppression of fellow citizens to be possible.

In the words of the French republican poet and politician, Alphonse Marie Louis de Prat de Lamartine, “It is not only the slave or serf who is ameliorated in becoming free… the master himself did not gain less in every point of view,… for absolute power corrupts the best natures (Translated from his original work in French)”.

Therefore we shouldn’t be looking at demonizing the actors but at correcting the system and frameworks that makes abuse possible.

Last year, Paradigm Initiative together with Media Rights Agenda and Enough is Enough went to court to challenge the constitutionality of section 24 of the Cybercrimes Act 2015, a lawsuit which has now reached the appeal stage at the Federal Appeal court.

As concerned citizens and civil society, we can only hope and urge the court to expedite the hearing and give judgment in the interest of democracy and the rule of law.  Also, a member of the National Assembly Senator Buhari Abdulfatai representating Oyo state at the Nigerian Senate has sponsored a Bill to repeal and re-enact the Cybercrime Act 2015.

The Bill, SB 450: Cyber Crime (Prohibition, Prevention, etc.) Act 2015 (Repeal and Re-enactment) Bill, 2017 has only been read once on the floor of the Senate and the content is yet to be made public by the National Assembly (This represents another lacuna in the law making process in Nigeria whereby Bills being discussed by the National Assembly are not accessible to citizens).

The public hearing for this Bill whenever it happens presents an opportunity to address the sections of this Bill currently being exploited by political gladiators to oppress opposing voices.

Adeboye Adegoke @adeboyeBGO is a Digital Rights Advocate and works with Paradigm Initiative


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EFCC to Arraign Emefiele for Allegedly Printing N684.5m Notes with N18.96Bn Wednesday

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Economic and Financial Crimes Commission (EFCC) will arraign Godwin Emefiele, former governor of the Central Bank of Nigeria (CBN) on Wednesday for allegedly approving the printing of N684.5m at the rate of N18.96bn.

EFCC to Arraign Emefiele for Allegedly Printing N684.5m Notes with N18.96Bn Wednesday

The arraignment was originally scheduled for April 30, 2024, but was rescheduled following the agreement of the court and the parties.

In the four-count charge filed against him, the EFCC alleged that Emefiele disobeyed the direction of law with intent to cause injury to the public during his implementation of the naira swap policy of the administration of former President Muhammadu Buhari.

The anti-graft agency also accused Emefiele of unlawfully approving the withdrawal of N124.8 billion from the Consolidated Revenue Fund of the Federation.

The former CBN governor will be arraigned on these counts before Justice Maryann Anenih of the FCT High Court, Abuja.

This arraignment will bring to three the number of charges pending against the former CBN governor.

On Nov. 17, 2023, Emefiele was arraigned before Justice Hamza Muazu on a six-count charge of procurement fraud to which he pleaded not guilty.

He was also accused of abusing his office by approving a contract for the acquisition of 43 vehicles totalling N1.2 billion from 2018 to 2020.

On April 8, 2024, the EFCC also arraigned the former banker alongside one Henry Omoile before Justice Rahman Oshodi of the Special Offences Court sitting in Ikeja, Lagos for an alleged $4.5bn and N2.8bn fraud.

He’s also pleaded not guilty to the charge.

The new charge, dated April 2, 2024, was filed by the EFFC prosecutor Rotimi Oyedepo (SAN) alongside eight other lawyers acting on behalf of the Attorney General of the Federation.

Counts one to four of the charge, reads,  “STATEMENT OF OFFENCE: Public Servant disobeying direction of law with intent to cause injury to the public contrary to and punishable under Section 123 of the Penal Code Law, Cap. 89 Laws of the Federation, 1990.

“PARTICULARS OF THE OFFENCE: That you GODWIN IFEANYI EMEFIELE between the 19th day of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the CBN Act, 2007, by approving the printing of N375,520,000.00 pieces of colour swapped N1, 000, at the total cost of N11,052, 068,062 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.”

COUNT 2: “That you, GODWIN IFEANYI EMEFIELE, between the 19th of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the Central Bank of Nigeria Act, 2007, by approving the printing of 172,000,000 pieces of colour swapped N500 (Five Hundred Naira) Notes, at the total cost of N4, 471,066,040 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.

COUNT 3: “That you GODWIN IFEANYI EMEFIELE between the 19th day of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the CBN Act, 2007, by approving the printing of 137,070,000 pieces of colour swapped N200 (Two Hundred Naira) Note, at the total cost of N3, 441, 005, 280 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.”

COUNT 4: “That you, GODWIN IFEANYI EMEFIELE, on or about the 7th day of October 2020, in Abuja, within the jurisdiction of this Honorable Court, knowingly disobeyed the direction of Section 80 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), by approving the withdrawal of the total sum of N124, 860, 227, 865.16 from the Consolidated Revenue Fund of the Federation in a manner not prescribed by the National Assembly, which conduct of yours caused injury to the public and you thereby committed an offence.”

 


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KPMG Says Higher Taxes Don’t Necessarily Lead to Sustainable Growth

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KPMG, a global tax and advisory firm, has said that “no country can tax its way to prosperity,” adding that there is empirical evidence to prove that higher taxes do not lead to sustainable growth.

KPMG Says Higher Taxes Don’t Necessarily Lead to Sustainable Growth

KPMG criticised the actions of the Central Bank of Nigeria (CBN) regarding its move to implement a cybersecurity levy.

It noted that the timing of the implementation of the section of the Act is wrong considering the prevailing economic conditions in the country.

It stated that because Nigeria faces a significant revenue challenge, the government may go to any length to mobilise the required revenue. However, it was noted that higher taxes do not lead to sustainable growth.

It highlighted that even though the cybercrime levy is not new—it has existed since 2015—the timing of its implementation is suspect, considering prevailing economic challenges.

“The timing of any reforms is essential to the success of such reforms. This underscores the current public resistance to the implementation of the levy. This is certainly not the right time to implement this levy,” it said.

It stated that various reports have indicated that the government may raise about N3 trillion annually from the levy, but the government should have made a formal presentation to the public of the cost and benefit analysis. “It is always critical that the enactment of any tax or levy be accompanied by the tax expenditure statement to provide information as to whether the benefits of such tax or levy outweigh its cost,” it said.

KPMG also questioned how the implementation of the act would drive financial inclusion in the country, given the fear that individuals and businesses would resort to other forms of transaction.

Last week, the CBN asked banks and payment service providers to begin deducting 0.5 percent from electronic transactions as a cybersecurity levy to be managed by the Office of the National Security Adviser (ONSA).

President Bola Tinubu has now urged the CBN to suspend the implementation of this levy and called for a review.


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Firm Identifies Significant Security Risks in Widely used Cinterion Modems

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Kaspersky ICS CERT researchers have detected critical vulnerabilities in Cinterion cellular modems. The discovery showcases flaws that allow a remote unauthorised attacker to execute arbitrary code, constituting a major threat to millions of industrial devices. Kaspersky experts presented details on these vulnerabilities at OffensiveCon in Berlin, on May 11.

Kaspersky ICS CERT identified severe security vulnerabilities in Cinterion cellular modems, widely deployed in millions of devices and vital to global connectivity infrastructure.

These vulnerabilities include critical flaws that permit remote code execution and unauthorised privilege escalation, posing substantial risks to integral communication networks and IoT devices foundational to industrial, healthcare, automotive, financial and telecommunications sectors.

Among the vulnerabilities detected, the most alarming is CVE-2023-47610, a heap overflow vulnerability within the modem’s SUPL message handlers. This flaw enables remote attackers to execute arbitrary code via SMS, granting them unprecedented access to the modem’s operating system.

This access also facilitates the manipulation of RAM and flash memory, increasing the potential to seize complete control over the modem’s functionalities—all without authentication or requiring physical access to the device.

Further investigations exposed significant security lapses in the handling of MIDlets, Java-based applications running on the modems.

Attackers could compromise the integrity of these applications by circumventing digital signature checks, enabling unauthorised code execution with elevated privileges.

This flaw poses significant risks not only to data confidentiality and integrity, but it also escalates the threat to broader network security and device integrity.

“The vulnerabilities we found, coupled with the widespread deployment of these devices in various sectors, highlight the potential for extensive global disruption. These disturbances range from economic and operational impacts to safety issues.

“Since the modems are typically integrated in a matryoshka-style within other solutions, with products from one vendor stacked atop those from another, compiling a list of affected end products is challenging.

“Affected vendors must undertake extensive efforts to manage risks, with mitigation often feasible only on the telecom operators’ side. We hope that our in-depth analysis will help stakeholders implement urgent security measures and establish a valuable reference point for future cybersecurity research,” says Evgeny Goncharov, head of Kaspersky ICS CERT.

To counter the threat posed by the CVE-2023-47610 vulnerability, Kaspersky recommends the only reliable solution: disabling nonessential SMS messaging capabilities and employing private APNs with strict security settings.

Regarding the other zero-day vulnerabilities registered under CVE-2023-47611 through CVE-2023-47616, Kaspersky advises enforcing rigorous digital signature verification for MIDlets, controlling physical access to devices, and conducting regular security audits and updates.

In response to these discoveries, all findings were proactively shared with the manufacturer prior to public disclosure. Cinterion modems, originally developed by Gemalto, are cornerstone components in machine-to-machine (M2M) and IoT communications, supporting a wide array of applications from industrial automation and vehicle telematics to smart metering and healthcare monitoring.

Gemalto, the initial developer, was subsequently acquired by Thales. In 2023, Telit acquired Thales’ cellular IoT products business, including the Cinterion modems.


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