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FG Moves to Amend Cybercrimes Act

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The Federal Government has stated that the Federal Ministry of Justice is committed to pursuing the amendment of the Cybercrimes Act, which many lawyers, journalists and activists have considered repressive, unconstitutional and illegal.

This was stated yesterday by Mr. Terlumun George Tyendezwa, Head, Cybercrimes Prosecution Unit, Federal Ministry of Justice, at a Media Interactive Session on the ‘Constitutionality and Legality of the Cybercrimes Act in Nigeria’, organized by the Socio-Economic Rights and Accountability Project (SERAP) in collaboration with the National Endowment for Democracy (NED), USA.

At the Media Interactive Session held in Ikeja, Lagos, Mr. Tyendezwa said: “The Cybercrimes Act is not perfect. One of the reasons why I am here is that I have an open door, we want to engage on the Act. We are interested in engaging with all stakeholders in the Justice sector. Whatever is not useful, we can seek amendment on this.

“From the point of passage, we as the operators knew that there were things that need to change. We are presently collating memoranda on amendment of the Act. But amendment takes time and cost money.”

He also said: “We know the importance of law as a social driver. The office of the Attorney General of the Federation and Minister of Justice continues to place high value on entrenched fundamental human rights and engaging with all stakeholders on the Cybercrimes Act is one of our approaches.”

Earlier at the meeting, a group of lawyers, journalists, activists and other stakeholders unanimously declared the Nigeria’s Cybercrimes Act as “repressive, oppressive and unconstitutional. The Act should immediately be repealed or dropped, as many of its provisions blatantly offend the rights to freedom of expression, association and media freedom.”

The group also called on the next Attorney General of the Federation and Minister of Justice to “prioritize challenging in court the constitutionality and legality of the Cybercrime Act, which is antithetical to respect for freedom of expression including online and the government’s commitment to fight grand corruption.”

Earlier, Mr Tayo Oyetibo, SAN in his paper titled The Constitutionality and Legality of the Cybercrimes Act in Nigeria stated: “the supremacy of the constitution over every other law is an immutable principle of Nigerian constitutional law derived from the provisions of section 1(3) of the constitution itself.

In creating criminal offences, section 24(1) of the Cybercrimes Act uses words that are entirely subjective in meaning to describe the actus reuselements of the offences, despite the fact that the actus reus of an offence ought to be capable of objective and not subjective definition.”

According to him, “Worse still, the Cybercrimes Act makes no effort to give certainty to the meanings of any of the words used in its section 24(1) by defining them anywhere in the Act, which means that only judicial definitions can be given to those words in any case where a person is charged with an offence under section 24(1) of the Act.”

The paper read in part: “In the context of the constitutionally guaranteed right of citizens to freedom of speech under the Nigerian constitution, there is the pressing question of whether the Cybercrimes Act is fit for the purpose pursuant to which it was enacted, particularly in view of the provisions of its section 24(1)?”

“It would appear that the answer to this poser is in the negative, which means that it is imperative for deliberate steps to be taken to remedy the situation, particularly against the backdrop of widespread complaints against the deliberate misuse and abuse of the Cybercrimes Act against certain categories of persons in Nigeria.”

“In this regard, this is not a matter in which long winding technical recommendations are necessary. The simple recommendation is that section 24(1) be entirely deleted from the Cybercrimes Act, due to its apparent irreconcilability with the provisions of section 36(12) and 39(1) of the constitution.”

“From a practical standpoint, it means that a person charged with an offence under section 24(1) of the Cybercrimes Act will involuntarily be playing the lottery of judicial interpretation of the words and phrases used in that section.

“This is because virtually all of the words used in section 24(1) of the Act are of such personal character that, any attempt to define them is entirely subject to the whims and caprices of two different sets of people- complainants and judges.”

“It is impossible for a person to be convicted of an offence under section 24(1) of the Cybercrimes Act without conjecture or inference by the court as to the meanings of the words used in that section.

“Worse still, such conjecture or inference can only be imputed by the court at the point of delivering judgment in the matter, at which point the accused person will not have had the opportunity to be heard by the court as to the court’s interpretation of the meanings of those words and phrases.”

“Apart from the above, every person is constitutionally guaranteed the right to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference under section 39(1) of the constitution.

A scenario in which a person is bound by section 24(1) of the Cybercrimes Act to second-guess the exercise of his right to freedom of expression under section 39(1) of the constitution is certainly not one contemplated by the constitution in any way.”

“Freedom of speech and freedom of assembly are part of democratic rights of every citizen; our legislature must guard these rights jealously as they are part of the foundation upon which the government itself rests.”

“It is clear that section 24(1) of the Cybercrimes Act portends great danger for every person in Nigeria. This is by reason of the fact that at the time of issuing any communication in exercise of the right to freedom of expression, it is impossible for a person to determine whether or not an offence is being committed under the Cybercrimes Act.

Surely, this is the exact scenario that the framers of the constitution sought to legislate against by the inclusion of the express provisions that are sections 36(12) and 39(1) of the constitution.”

“24(1) is a tool that readily lends itself to abuse and misuse by those in authority against freedom of expression in Nigeria. This is particularly because the Cybercrimes Act contains no safeguards whatsoever to the enforcement of section 24, which carries with it severe criminal sanctions.”

“The Cybercrimes Act is already in desperate need of a significant overhaul to ensure that it does not unwittingly and unconstitutionally place citizens at the unfortunate risk of the luck of a criminal draw.”


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CAC Flags Three Companies, Warns Nigerians

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Corporate Affairs Commission (CAC) has warned Nigerians against transacting with three fake Nigerian firms, citing fraudulent incorporation documents and registration numbers not issued by the commission.

CAC Flags Three Companies, Warns Nigerians

According to the CAC, these companies are using fake certificates of incorporation with two different RC numbers each, none of which exist in the commission’s official records.

The affected companies are SPEF Cooperative Society Ltd with RC Numbers 1265884 and 512862, UPIL Staff Cooperative Society Ltd with RC Numbers 1265837 and 553220, and PREM Staff Cooperative Society Ltd with RC Numbers 1265844 and 545901.

The CAC warns that any Nigerian conducting business with these entities does so at their own risk.

“Anyone that transacts any business with the above-mentioned companies does so at their own risk,” the commission warned.

The commission further advised potential partners and investors to verify registration details directly through its official portal before signing contracts or making payments.

Similarly, the CAC, in a bid to enhance its services, introduced an AI-powered business registration platform on July 3, designed to streamline incorporations.

This new system offers instant name reservations, automated business-name suggestions, and same-day registration using a National Identification Number (NIN).

Additionally, the commission plans to review its service fees starting August 1, aiming to make its services more efficient and cost-effective.

 

 

 

 

 

 


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AfDB to Introduce Systems Reforms to Prioritize Investing in Africa’s Youth

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The African Development Bank, in partnership with the International Labour Organization, has launched a transformative system to mainstream youth employment, skills development, and entrepreneurship across its investments.

The approach, called the Youth, Jobs and Skills Marker System, is aligned with the Bank’s latest Ten-Year Strategy, which places Africa’s young people at the center of development efforts to maximize the impact of every dollar invested, turning demographics into a dividend.

The Marker System ensures that Bank projects spanning diverse sectors, such as agriculture, transport, energy, water, and education, systematically incorporate components that enhance youth employability, foster entrepreneurship, and build market-relevant skills.

“The Youth, Jobs and Skills Marker System is about ensuring Africa’s young people have a real say and active role in building sustainable economies and creating jobs – not as passive recipients of youth programs,” said Dr. Beth Dunford, the Bank’s Vice President for Agriculture, Human and Social Development. “This transformation of Bank practices and systems is a step toward making sure our investments have a positive impact on Africa’s young women and men.”

The integrated system has three focus areas:

Youth: Supporting youth-led micro, small, and medium-sized enterprises through targeted investments and operational integration.

Skills: Expanding access to practical, market-driven training and apprenticeships to enhance career prospects.

 Jobs: Ensuring Bank-funded projects create sustainable job opportunities, particularly by developing youth skills for employability and the promotion of youth-led businesses in priority value chains.

Each year, around 10 to 12 million young Africans enter the labor market, which offers only three million formal jobs annually. The Bank will prioritize youth entrepreneurship and mobilize private sector partnerships to strengthen industry-oriented skills training as well as job creation over the coming decade.

“[This initiative] is very important because it allows us to significantly contribute to the United Nations Sustainable Development Goal #8 that includes decent work for all,” said Peter van Rooij, Director of Multilateral Partnerships and Development Cooperation at the International Labour Organization. “It also allows the International Labour Organization to influence the Bank’s work, to support their lending that is more geared toward more job creation and better jobs in a sustainable way.”

The Youth, Jobs and Skills Marker System is modeled on the success of the Bank’s Gender Marker System and its online dashboard, which categorize Bank projects based on their contribution to gender equality and women’s empowerment.

Similarly, the new system will feature an online platform enabling Bank staff and consultants to access real-time data for preparing country strategy papers, mid-term reviews, annual reports, project supervision, and reporting on youth-related skills, businesses and jobs outcomes.

The Bank has just launched a pilot version of the Youth, Jobs and Skills Marker System in readiness for the full implementation in 2026. This system will enhance data tracking, improve estimates of youth skills attainment and employment, strengthen labor market information systems, and support policymakers in making evidence-based decisions that drive meaningful change.

The International Labour Organization provided technical support for the system’s development with financial support from the Bank’s Youth Entrepreneurship and Innovation Multi-Donor Trust Fund. The Youth, Jobs and Skills Marker System is the first deliberate action of its kind developed by a development finance institution worldwide.


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SEC Probes Ponzi Scheme Linked to FF Tiffany

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The Securities and Exchange Commission has revealed plans to commence investigation into the activities of an entity operating under FF Tiffany, allegedly running a fraudulent investment scheme that has defrauded citizens.

A statement by the SEC on Tuesday in Abuja said preliminary information revealed that the scheme, which promised investors unusually high and unrealistic returns, had resulted in the loss of several billions of naira.

The SEC said it viewed the activity as a threat to investor confidence and the overall integrity of the financial system.

The commission assured the public that it was working closely with law enforcement agencies and other relevant bodies to bring everyone involved in the unlawful operation to justice.

According to SEC, those found culpable will be prosecuted in accordance with the Investment and Securities Act and regulatory provisions.

SEC reiterated its earlier warnings to the general public to desist from engaging in Ponzi or unregistered investment schemes that promised guaranteed or exaggerated returns.

“These schemes are not registered with the SEC and do not offer investor protection under the law.

“The commission is currently investigating 79 schemes and will make a statement on its findings at the conclusion of the investigation,” the SEC said.

The commission encouraged investors to conduct due diligence and verify the registration status of any investment firm or product by visiting the SEC website or contacting the commission directly through official channels.

SEC said it remained committed to its mandate of protecting investors, ensuring fair practices, and maintaining confidence in Nigeria’s capital market.

 


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