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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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NELFUND Says UTME, NIN, BVN Mandatory for Student Loans

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Nigerian Education Loan Fund (NELFUND) has said that Nigerian students will need to present their Unified Tertiary Matriculation Examination registration number (UTME); National Identification Number (NIN); and Bank Verification Number (BVN) to access student loans.

NELFUND Says UTME, NIN, BVN Mandatory for Student Loans

Mr Akintunde Sawyerr, managing director of NELFUND, assured that the body would ensure that those he called ‘ghost students’ would not have access to the soon-to-be-launched scheme.

The MD noted that NELFUND has put processes in place to ensure that all applicants and beneficiaries are traceable to prevent the loan from turning into a sort of national cake.

“We are using technology to run the system. The process of application is online and we are limiting human contact as much as possible. Once you have a Bank Verification Number, BVN and National Identification Number, NIN, which are parts of the requirements, we will have access to your data and all your accounts. This will also help us to know if you are qualified or not,” he explained.

He explained further that those who are already in school can apply for the loan at any level of their study, but must be at the beginning of each session. They would also have to provide their admission and matriculation details in addition to BVN and NIN.

According to the NELFUND boss, about 1.2 million Nigerian students in tertiary institutions and government-recognized skill acquisition centres would be among the first batch of beneficiaries. The number may increase as time goes on.

The programme, he noted, will be funded with one per cent of the total annual collectable revenue by the Federal Inland Revenue Service (FIRS), which will amount to N194 billion if the agency meets its projection.

He explained that the loan would be paid in two segments. The first, he said, is the chargeable school fees which would be paid directly to the institutions while stipend would be paid into individual student’s account for day-to-day upkeep.

Mr. Sawyerr stated that the amount individual applicants will access will vary because of the course of study, school fees payable and geographical location of the institutions among others.

On the method of payback, he said, “You don’t start paying back the loan until two years after your National Youth Service Corps, NYSC Scheme and that is, if you have secured a job or business. A beneficiary can defer repayment if he has not secured a job, but if after due diligence, he defaulted, then he becomes a criminal and we will work with every agency that can help us get the money back, for example, EFCC, ICPC etc.”

 


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Sun International Finalizes $14.4M Exit from Nigeria, Sells Interests to RFC

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Sun International Limited, run by Anthony Leeming, South African entrepreneur, has agreed to sell its Nigerian interests to Rutam Finance Company Limited (RFC) for roughly $14.4 million.

Sun International Finalizes $14.4M Exit from Nigeria, Sells Interests to RFC

The move is part of Sun International’s strategy to consolidate operations and focus on key markets. Sun International joined the Nigerian market in 2009, but has struggled in recent years due to a challenging operating climate.

This divestiture is consistent with the company’s strategic objectives and represents a shift in portfolio management.

Sun International, will sell a 43.3 percent ownership investment in Tourist Company of Nigeria PLC (TCN), which manages Lagos’ Federal Palace Hotel, to RFC for $1.875 million.

In addition, the group would pay off its whole $12.675 million credit to RFC, effectively exiting the Nigerian market. The corporation also intends to sell its remaining 6% ownership in TCN in due course.

The transaction, subject to customary closing conditions including as regulatory approvals, is estimated to create a cash inflow of about $14.41 million for Sun International.

These funds will be utilized to reduce debt.

Following the completion of the acquisition, TCN will no longer be included in Sun International’s financial statements.

This will reduce group debt by about $41.82 million, excluding IFRS 16 lease liabilities.

The closing is scheduled for no later than May 28, 2024, provided that all usual closing conditions are met. The Nigerian Competition Authority, the Securities and Exchange Commission, and the Nigerian Stock Exchange have all provided key clearances.

Sun International, founded in 1968 by the late Sol Kerzner, has grown into a renowned gaming and resort company under Leeming’s leadership.

In fiscal 2023, the company’s revenue increased by 7% to $646.14 million, while headline earnings increased by 86 percent to $55.35 million.

This demonstrates Sun International’s resiliency and strategic direction. Sun International’s pullout from Nigeria demonstrates the company’s dedication to streamlining its portfolio and pursuing growth possibilities in key areas.

With a rich history and a focus on the future, this transaction demonstrates the company’s commitment to create wealth for shareholders and stakeholders while also strengthening its position in the gaming and hospitality industries.

 

 


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Sam Darwish, US-Nigerian Businessman Suffers $6m Loss as IHS Shares Plunge

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Sam Darwish, a US-Nigerian telecom entrepreneur, has experienced a huge financial setback in his holding in IHS Holdings following a recent drop in the shares of the top telecom infrastructure company on the New York Stock Exchange (NYSE).

Sam Darwish, US-Nigerian Businessman Suffers $6m Loss as IHS Shares Plunge

Sam Darwish

According to data, Sam Darwish’s investment in IHS Holdings has lost $6 million in market value during the last 13 days. This drop reflects increasing selling pressure among NYSE investors.

From March 12 to 30, Darwish’s investment in IHS Holdings increased from $35.17 million to $49.27 million, resulting in a $14 million gain.

Darwish founded IHS Holdings in 2001, and it has since grown to become the largest telecom infrastructure business in Africa, Europe, Latin America, and the Middle East.

It is renowned for its huge tower count and is the world’s third-largest independent international tower firm.

In the last 13 days, IHS Holdings shares on the NYSE have dropped by 11.72 percent, from $3.67 on April 3 to $3.24 at the time of writing.

As a result, the company’s market capitalization has dropped below $1.1 billion, causing significant losses for stockholders.

As chairman and CEO of IHS Holdings, Sam Darwish holds a critical position in African telecom.

With a strong 4.17 percent ownership holding, equivalent to 13,958,158 ordinary shares, he is a key participant in the global telecom infrastructure business.

The recent double-digit loss in IHS Holdings shares has resulted in a $6 million decrease in the market value of Darwish’s shareholding in the top telecom infrastructure company. His shareholding has decreased from $51.23 million on April 3 to $45.22 million.

Despite this defeat, Darwish remains an important figure in the worldwide telecom business.

IHS Holdings’ extensive tower network and smart acquisitions have secured its position as a major participant in the global telecom infrastructure sector.

 


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