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The Law and the Use of Computers in Nigeria (1)

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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.


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Nigeria CommunicationsWeek believes that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. So since 2007, we have devoted our energy to independent reportage of technology and how they affect lives.

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New Study Reveals How Moniepoint Powers Nigeria’s Downstream Oil Sector with Same-Day Settlements and Working Capital Boost

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In a move to strengthen Nigeria’s downstream oil and gas sector, Africa’s all-in-one financial platform for businesses and their customers, Moniepoint Inc. says it is transforming how petrol stations across the country manage payments, access credit, and track inventory through innovative financial solutions.

As the largest distribution network for financial services in Nigeria, the leading banking and payments platform trusted by million in its latest case study titled, “Fueling the Nation: How Moniepoint Powers Nigeria’s Oil and Gas Industry”, reaffirmed its commitment to providing digital payment solutions and business management tools to improve operational efficiency in Nigeria’s downstream sector.

The study released recently examined how petrol stations play a crucial role as vital distribution points for fuel in Nigeria, especially in areas with limited access to alternative energy sources. Over 90 per cent of passenger and freight movement in Nigeria is by road, literally fueled by petrol stations that facilitate an average of 41 to 47 million litres of petrol every day.

The downstream oil and gas sector has been considered as the lifeblood of the Nigerian economy, however, for decades, petrol station operators have grappled with the “T+1” settlement cycle, where funds from card payments are only accessible the next day. In an industry with razor-thin margins and the need for immediate restocking, this delay often leads to “dead tanks” and lost revenue.

According to the case study, Moniepoint has bridged this gap by introducing same-day settlements, ensuring that station owners can access their funds instantly to pay suppliers and keep pumps running. The report further reveals that 90.9% of petrol stations now utilize POS terminals as standard infrastructure, with digital channels accounting for 43% of all fuel payments nationwide.

The Moniepoint case study on Nigeria’s downstream oil and gas sector provides very insightful commentary on critical aspects of running a petrol station, including payment systems, inventory management, and funding challenges.

Giving insight into the report and its relevance to the nation’s energy segment, Managing Director, Moniepoint Microfinance Bank, Babatunde Olofin, noted that the study seeks to deepen policy engagement, provide actionable intelligence on critical success factors needed for the nation’s socio-economic growth across different verticals.

Olofin noted, “We are pleased to release this comprehensive report on Nigeria’s downstream sector. Moniepoint’s reason for being is to create financial happiness and power dreams. Reports like this move us in that direction, enabling us to support critical infrastructure that keeps the nation moving.

“Looking at the relevance, with data on their business transactions and our business management tools, petrol stations can effectively plan their inventory and availability, knowing exactly when to stock up and ensuring operations run smoothly to serve more customers.

“By providing fuel retailers with the financial tools they need, Moniepoint is creating a future where access to reliable fuel distribution is improved and represents more than a fundamental right for all in an equitable and efficient system.”

Some other Key insights from the report include: The Liquidity Gap: 1-in-3 station owners identify access to credit as their biggest recurring challenge.

Credit Success: Moniepoint has disbursed millions of Naira in working capital to the sector with a 99.81% repayment success rate.

These tools have enabled nearly three in five fuel stations nationwide to transition from cash-dependent, manually-operated businesses into digitally-enabled enterprises with reliable access to both payments’ infrastructure and growth capital.

This study by Moniepoint comes on the heels of others like the previous case studies on family-owned businesses, South-East’s Onitsha Market, community pharmacies, women-owned businesses, North-East agriculture and the definitive Informal Economy Report, which collectively demonstrated how digital payment solutions are transforming Nigeria’s commercial landscape across diverse sectors and market structures.

Moniepoint’s ongoing commitment to financial inclusion and economic development has positioned it as a catalyst for growth across Nigeria and beyond. The company processes billions in transactions monthly and continues to expand its reach, supporting millions of businesses with payments, banking, credit, and business management solutions.

 


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FG Mandates Shared Funding for N1.98trn Electricity Subsidy

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Federal Government has directed state governments to begin sharing the cost of electricity subsidy alongside the Federal Government.

FG Mandates Shared Funding for N1.98trn Electricity Subsidy

It was gathered that payments for the subsidy will now be funded through the Power Assistance Consumers Fund (PCAF), a government-backed pool created to subsidise electricity bills for low-income and vulnerable consumers.

The fund is designed to replace blanket subsidies with targeted support, improve affordability amid rising tariffs and stabilise the power sector.

More than 18 states are already operating electricity regulatory agencies, while others are preparing to do so. The states include Lagos, Ondo, Osun, Ekiti, Edo, Delta, Bayelsa, Akwa Ibom, Cross River, Abia, Anambra, Imo, Kogi, Niger, Nasarawa, Plateau, Gombe and Jigawa.

The Director-General of the Budget Office of the Federation, Mr. Tanimu Yakubu, disclosed this in Abuja at the opening of the 2026 Post-Budget Preparation workshop on the Government Integrated Financial Management Information System (GIFMIS).

Speaking in an address read on his behalf by the Director of Expenditure Social, Mr. Yusuf Muhammed, Yakubu said states that enjoy the political benefits of electricity subsidy must also contribute to covering the financial gap created by the policy.

“Mr. President has directed that we operationalise a clearer framework to share the cost of electricity across the federation, so the burden is not treated as an open-ended fiscal residual — I mean federal residual,” he said.

“If you want a stable power sector, we must pay for the choices we make. When tariffs are held low, a gap is created. That gap is a subsidy, and a subsidy is a bill.”

He added: “In 2026, we will stop pretending that this bill can be left to the Federal Government alone, especially where the policy choice or the political benefit is shared across tiers of government.”

According to him, the President has ordered the activation of the electricity sector’s legal framework to ensure subsidy burden-sharing is practical and transparent.

“This means subsidy costs must be explicit, tracked and funded, so they do not return as arrears, liquidity crises or hidden liabilities in the market,” Yakubu said.

“It also means that if any tier of government chooses affordability intervention, the responsibility must be clear, agreed and enforceable. This is not punishment. It is an alignment.”

He further warned MDAs to make subsidy-related costs visible in their planning.

“The implication is simple: make subsidy-related costs visible in your planning and submissions. Do not push liabilities into the market as arrears or unfunded commitments,” he said.

Yakubu also disclosed that President Bola Tinubu has directed a review of Nigeria’s Fiscal Responsibility Framework to make fiscal rules more dynamic and enforceable.

“Fiscal rules are not a slogan; they are the guardrails of government,” he said.

“Without guardrails, spending becomes impulsive, debt becomes casual, and the budget becomes a statement of intent rather than a tool of delivery.”

He added that capital projects in 2026 must be delivery-ready and properly financed.

“A long list of projects is not a development strategy. It is often a map of disappointment. What citizens feel is delivery, completed roads, reliable power, functional schools and working hospitals,” Yakubu said.

Reacting to the development, the Director of Media and Communications of the Nigerian Governors’ Forum, Mr. Yunusa Abdullahi, said: “We are reviewing the context and content of the information. We will not be making further comments on it.”


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Spain Bars Under-16s from Social Media in Digital Safety Crackdown

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Spanish Prime Minister Pedro Sánchez has unveiled plans to ban children under 16 from social media platforms, mandating robust age verification systems as part of a sweeping legislative package to curb toxic online content.

Spain Bars Under-16s from Social Media in Digital Safety Crackdown

Speaking at the World Government Summit in Dubai, Sánchez declared platforms must erect “real barriers that work” beyond mere checkboxes, shielding minors from the “digital Wild West” where they navigate unprotected.

The proposal, set for approval by Spain’s Council of Ministers next week, amends a draft bill in parliament and holds social media executives legally accountable for illegal content like disinformation, hate speech and child pornography.

The measures introduce tools to track harmful material spread, while criminalising algorithm manipulation that amplifies such content for profit.

“Spreading hate must come at a legal, economic and ethical cost platforms can no longer ignore,” Sánchez emphasised, vowing governments would stop turning a blind eye.

Spain joins Europe’s hardening stance on youth online access, mirroring Denmark’s under-15 ban plans from last fall, France’s push for restrictions by September, and Portugal’s new bill requiring parental consent for under-16s.

The moves signal a continental shift to “regain control” of digital spaces amid rising concerns over youth vulnerability.


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