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The Law and the Use of Computers in Nigeria (1)
People are currently serving jail terms in the UK and the US because they infiltrated other people’s computers that they weren’t told to. Similarly in Nigeria, some people’s liberty is currently being restricted because they use the computer to make phony deals online. In Microsoft vs. Alexander Pononsov, a Russian court passed a verdict of guilty on a rural school teacher that unknowingly used pirated Microsoft operating systems. The common denominator in the above scenarios is that the law took over, reduced all the computing technicalities into the desiccated vernacular of its trade and made prosecutions. But how effective and comprehensive are computers laws in Nigeria and the developing world at large as compared to the advance countries. Remember we are all players in the same cyberspace, and hence faces the same threats.
The computer law in Nigeria is way underdeveloped and hence do not meet with the contemporary requirements of the modern information and technology age. We lack the technical resources, expertise as well as the legal framework to tackle cyber crimes and computer crimes at large. The business environment in any country is greatly strengthened by the security environment: therefore, serious Techno-legal ICT training is required for judges, lawyers, law students, law professors and corporate executives in Nigeria. A wise litigator now in Nigeria will be looking forth to writing his MCP- Microsoft Certified Professional which will be a stepping stone to acquiring Techno-Legal trainings. An MCP attached to his name a lone is an intimidation to other litigator.
Now that the infrastructures in any country can no longer function without computers and networks, a well regulated computing industry instills a lot of confidence in computer related transactions and help guard against IT risk complexities. When the internet was first introduced , it was like a state of nature where internet browsers have unlimited freedom but gradually laws came up that limited what people can and cannot do on the computer. I often participate in a hackers forum on a website floated from Germany, today legislative laws came up in Germany that prohibited that site from being floated from Germany.
Computer law is mostly an eclectic amalgamation of concepts from existing law, which are applied to the relatively new technologies of computer hardware and software, e-mail, and the Internet. (Google tech Dictionary). However, there are several reasons why it is convenient to have a separate classification for computer law:
1. Solving legal problems that arose from the use of computers often requires some legal principles that are rarely encountered in the practice of law. For example:
A. Disputes about e-mail and web pages on the Internet extend across state lines, and may even extend across national borders. For example, there are technical issues in personal jurisdiction and which state’s law should be applied to the resolution of the dispute. To solve these legal problems, one must understand principles of an abstruse area of law, called Conflicts of Law. Instead of relatively firm rules with predictable results, as in most other areas of law, conflicts analysis can be characterized as choosing from a menu of possibilities.
B. Information stored on computers (e.g., software, data, trade secrets, confidential personal information) is generally much more valuable than the computer hardware. In order to protect this information, many of the concepts in the practice of computer law involve the specialized area of Intellectual Property Law, which includes copyrights, trademarks, and patents. Take the US for instance, in order to practice before the U.S. Patent Office; an attorney must have at least a bachelor’s degree in some area of science or engineering, a requirement that excludes nearly all attorneys.
2. Traditional concepts in law are being expanded by events in the area of computer law. For example:
A. Computer software is legally considered a "good". Unlike other goods, the "purchaser" only owns the floppy diskette or compact disk that contains the software, plus a license to use the software. The Uniform Commercial Code was amended by including Article 2B in the US patent law to cover licensing of computer software.
B. Computer databases that contain erroneous information (e.g., false credit reports) can be harmful to people, which may give rise to a new class of torts, called infotorts
C. Hackers who use a modem to enter a computer without authorization and either (1) use its services or (2) alter records are committing a crime similar to burglary, but the traditional notion of burglary requires the criminal personally to enter the victim’s premises, which is not satisfied in the case of entry via data to/from a modem. Therefore, new laws were enacted to define computer crimes (Personally, I think it would have been preferable to change the definitions in existing concepts, instead of create new concepts, but no one would accuse the legal profession of honoring simplicity and economy.)
D. Authentication of evidence contained in files on a computer presents some new problems, because of the ease with which data in the file can be altered, and also because it is easy to alter the operating system’s date and time stamp in the directory.
E. Searches of computer databases provide access to information that was difficult to locate in the pre-computer age, which makes computer databases a major new threat to privacy of individuals.
The Internet has been revolutionary in giving anyone with a website the equivalent of a printing press or television transmitter: now anyone can broadcast their information or opinion to the whole world, without first going through formal review by a publisher. Many governments have reacted to the Internet with new censorship of both websites and readers’ access to the Internet. Furthermore, there has been widespread copyright infringement by people who post material at their website that was copied from other websites, or copied from books, without written permission of the copyright owner.
Law reacts slowly to new technology, With the exception of the telephone and typewriter, the technological revolution of the past century has left the law untouched. Law has dealt at arm’s length with technology, making new rules to cover air travel, genetic engineering, and the like, while the lawyers who do the work carry on with paper and pencil – until the advent of the computer.
The case in the developing world need a deep focus, perhaps I might be wrong , maybe a deeper focus. Judging computer related crimes need players with adequate computer knowledge on the technical side. In Nigeria, law enforcement agent have little or no computer education to combat rising computer related crimes. We need a separate court for trials regarding computer related crimes and judges that are conversant with bits and bytes, like the juvenile court system in which lots of proceedings in the normal court system doesn’t apply there. Surprisingly, the issue of laws regarding computer crimes have not had adequate attention even in developed world. This is as a result of different interpretation of what constitutes a computer device and computer crimes at large. For instance the newly elected state law in West Virginia regarding computer crimes states that :
Any person who, knowingly and willfully, directly or indirectly accesses or causes to be accessed any computer, computer services r computer network for the purpose of (1) executing any scheme or artifice o defraud or (2) obtaining money, property or services by means of fraudulent pretenses, representations or promises shall be guilty of a felony, and upon conviction thereof, shall be fined not more than ten thousand dollars or imprisoned in the penitentiary for not more than ten years or both.
In the Alabama Computer Crime Act, the same issue has a different punishment and interpretation. Also, issues’ regarding definitions as regards to what is a data, computer network, computer programs etc have been interpreted in different ways under different State Laws in the US. This variance stress from Texas Statutes and Codes Annotated,, the State of Wisconsin Statutes, Washington Criminal Code in the revised code of Washington Annotated, and the Arizona Revised Statutes Annotated under Organized Crime and Fraud and so on.
Computer users and law enforcement agents in Nigeria need serious awareness by concerned agencies as regards to what constitute a computer crime locally and in the cyberworld. Initially, I stressed on the technical abilities of all players involved in pinning a computer crime, this is because technical issues are paramount in both the investigation and prosecution phase of the crime . I was in a cybercafé in Ikeja, then EFCC officials stormed into the café and instructed every body to pause, they then move round to check what people are doing. I laughed because this is highly unskillful and untechnical way of tackling a computer incident on the side of the law enforcement agents. People like us whether you shutdown your PC , we can still backtrack what you were doing . If you like unplug the power cord so that the system suddenly dies off I can still trace back your activities on the system. In fact format your hard drive I can still retrieve data from it.
News
SERAP Asks Akpabio, Abbas for Explain N1.3Bn Budgeted for ‘Fictitious’ Presidential Council

Socio-Economic Rights and Accountability Project (SERAP) has given Godswill Akpabio, Senate President, and Tajudeen Abbas, speaker of the House of Representatives, seven days to explain how over N1.3 billion was allocated in the 2026 Appropriation Act to a presidential council that the Presidency has described as fictitious.

In a Freedom of Information (FoI) request dated July 4, 2026, SERAP asked the National Assembly leadership to release certified copies of all documents related to the approval of the N1,302,978,784 allocation to the Presidential Foreign Intervention Promotion Council (PFIPC)/Presidential Economic Advisory Council.
The rights group also called on the National Assembly to invoke its investigative powers under Sections 88 and 89 of the 1999 Constitution to probe the circumstances surrounding the allocation and identify those responsible for what it described as apparent irregularities in the budget process.
SERAP further requested records identifying the lawmakers and committees that considered the allocation, as well as the public officials or representatives who defended the budget proposal before the committees.
The civil organisation also sought clarification on whether the allocation originated from the Executive’s 2026 Appropriation Bill or was introduced during the legislative appropriation process.
It equally demanded to know whether any lawmaker questioned the legal status or operational mandate of the council before approving the allocation.
The FoI request follows a July 1 statement by the Presidency denying the existence of the Presidential Foreign Intervention Promotion Council and insisting that the Federal Government never created the body.
Describing the conflicting claims as alarming, SERAP said they raised “serious concerns regarding the integrity of Nigeria’s appropriations process, legislative oversight, public financial management, and accountability.”
The FoI request, signed by Kolawole Oluwadare, deputy director, SERAP, stressed that Nigerians have a constitutional right to know whether public funds were appropriated to an entity that does not legally exist.
SERAP said, “Nobody has a more sacred obligation to obey the law than those who make the law, and that the National Assembly has a constitutional responsibility not merely to approve the Executive’s budget proposals but to rigorously scrutinise them before authorising public expenditure.”
The organisation argued that disclosure of the requested documents would enable Nigerians to determine whether the National Assembly fulfilled its constitutional obligations under Sections 80, 81, 88, and 89 of the Constitution in approving the allocation.
SERAP warned that if the requested information is not released within seven days of receipt or publication of the letter, it would initiate legal proceedings to compel the National Assembly to disclose the documents.
The organisation further maintained that making the records public would strengthen confidence in the National Assembly’s credibility, enhance transparency in the appropriation process, and promote accountability in the management of public funds.
It also cited the Freedom of Information Act, the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the Tshwane Principles as legal bases for its demand for full disclosure.
News
World Bank Sounds Alarm: Low Revenue, Not Debt, Is Nigeria’s Biggest Fiscal Threat

World Bank has said Nigeria’s greatest fiscal challenge is weak revenue mobilisation rather than excessive borrowing, urging the Federal Government to strengthen revenue generation to support sustainable economic growth and meet its debt obligations.

The World Bank Country Director for Nigeria, Mr. Mathew Verghis, stated this during an interview on Channels Television on Friday.
According to him, Nigeria’s debt profile remains moderate by international standards and does not place the country among nations experiencing debt distress.
“From our assessment, Nigeria doesn’t have a high indebtedness problem; it has a low revenue problem,” Verghis said.
He explained that Nigeria’s debt-to-Gross Domestic Product (GDP) ratio is lower than that of many comparable economies, adding that the country’s fiscal challenge lies more in its limited revenue base than in the volume of its borrowing.
“When we looked at the numbers, Nigeria is a moderately indebted country, meaning it has less debt relative to its economy than most of its neighbours and many other countries.
“Nigeria is in a very different situation from Ghana, for example, which is going through a debt restructuring,” he said.
Verghis defended government borrowing, describing it as a legitimate tool for financing long-term investments capable of stimulating economic growth and improving citizens’ welfare.
“Nigeria borrows for the same reasons that all countries borrow. If you want to deliver results to people, the money available on an annual basis is not enough.
“So you borrow, deliver results, and that improves your ability to repay,” he said.
He cited electricity infrastructure as an example, noting that expanding access to power for millions of Nigerians would require substantial upfront financing.
“To be able to connect and provide energy to 32 million Nigerians, Nigeria needs to borrow money now.
“But with increased access to energy, the country will become wealthier and better positioned to repay the loans,” he added.
The World Bank official, however, warned that Nigeria’s low revenue generation poses a greater risk to fiscal sustainability than its current debt burden.
“Nigeria’s debt is not particularly high, and in fact, it is quite moderate by international standards.
“Its revenues are very low by international standards, and unless those revenues are raised, it will not be able to pay back debt,” he said.
Verghis said improving revenue mobilisation would enable the government to invest more in critical sectors such as infrastructure, healthcare, education and agriculture, while supporting job creation, strengthening human capital development and reducing poverty.
He noted that the World Bank’s recently unveiled Country Partnership Framework for Nigeria for 2026 to 2032 places job creation at the centre of its support for the country.
According to him, the framework will focus on investments in infrastructure, healthcare, agriculture and digital connectivity to promote inclusive and sustainable economic growth.
News
How Fraudsters Emptied a Judge’s Account of N7.2 Million in Midnight Attack

Ola Olukoyede, chairman of the Economic and Financial Crimes Commission (EFCC), has disclosed that the commission recovered more than N7.2 million stolen from the bank account of a serving judge by suspected internet fraudsters in a midnight cyberattack.

Ola Olukoyede, Chairman of the Economic and Financial Crimes Commission (EFCC).
Olukoyede made the disclosure at the public presentation of two books authored by retired High Court judge, Justice Alaba Omolaye-Ajileye.
He said the serving judge, who is from a South-South state, contacted him around 1:00 a.m. after receiving multiple debit alerts indicating that funds had been withdrawn from her account.
According to him, the stolen money represented savings the judge had accumulated over six years to finance her child’s education.
Olukoyede said the EFCC immediately swung into action and successfully recovered the entire sum before 6:00 p.m. on the same day.
He said the incident underscored the increasing sophistication of cybercriminals and the urgent need for stronger collaboration among law enforcement agencies, the judiciary and members of the public in tackling financial crimes.
The EFCC chairman also called for amendments to Nigeria’s legal framework to accommodate the use of artificial intelligence (AI) in criminal investigations and prosecutions.
According to him, existing evidence laws should be reviewed to recognise AI-generated evidence as technology continues to reshape crime detection and investigation.
Also speaking at the event, former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN), urged anti-corruption agencies to intensify efforts to trace and recover public funds allegedly stolen and stashed in foreign countries.
Agabi stressed the need for sustained collaboration among relevant institutions to strengthen Nigeria’s anti-corruption efforts and improve accountability in public service.
In his remarks, a former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun (SAN), called for stricter enforcement of the country’s cybercrime laws to curb the growing menace of internet fraud.
Olanipekun said effective implementation of existing laws, alongside stronger institutional cooperation, would help address the increasing threat posed by cybercriminals to individuals and the nation’s financial system.
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