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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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Guinness Rolls Out Nationwide Consumer Rewards Promotion

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Guinness Nigeria has launched a nationwide National Consumer Promotion (NCP) tagged ‘Open For More’. This is a consumer rewards initiative that will see more than ₦400 million in cash and prizes won by consumers across the country.

The promotion, which runs nationwide, offers consumers the opportunity to win ₦1 million every day, ₦100,000 cash rewards for 1,000 winners, and a brand-new Toyota Land Cruiser Prado as the grand prize. The campaign is designed to reward loyal consumers while creating more opportunities for everyday Nigerians to celebrate life’s meaningful moments.

To participate, consumers are required to purchase specially marked bottles of Guinness Foreign Extra Stout or Guinness Smooth, check for the unique code beneath the crown cork, and enter the code at www.guinnessng.com/1759 for a chance to win.

Speaking on the launch, Ramanathan Solayappan, Marketing and Innovations Director, Guinness Nigeria, said the promotion reflects the brand’s longstanding relationship with consumers and its commitment to creating memorable experiences beyond the product itself.

“Nigerians have made Guinness part of their celebrations, milestones, and everyday moments for over seven decades. The ‘Open For More’ promotion is our way of rewarding that loyalty by giving consumers genuine opportunities to win prizes that can make a meaningful difference in their lives.”

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Solayappan added that the promotion was deliberately designed to make participation simple and accessible to consumers across the country.

“We believe, at Guinness, that there is always room for more possibilities, more progress, and more reasons to celebrate. Through this campaign, we are inviting consumers and beloved Nigerians over the age of 18 years to take part in an experience that goes beyond enjoying a Guinness. Every eligible purchase could open the door to something more.”

Beyond rewarding consumers, the promotion comes at a time when many Nigerians are placing greater value on opportunities that offer tangible returns. By putting more than ₦400 million in cash and prizes directly into the hands of consumers, Guinness Nigeria is creating a campaign that celebrates loyalty and delivers meaningful rewards that can support personal aspirations, family needs, and everyday goals.

As part of the campaign, winners will emerge weekly throughout the promotion period, with regular winner announcements and prize presentations aimed at ensuring transparency and public confidence in the process.

The Open For More National Consumer Promotion strengthens Guinness Nigeria’s commitment to rewarding consumers while creating excitement around the brand through meaningful and impactful experiences. Consumers are encouraged to look out for specially marked promotional packs and follow Guinness Nigeria’s official communication channels for updates, winner announcements, and further information on participation mechanics.

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Nigeria Lost N34 Trillion to Import Waivers in 2025, Customs Tells Senate

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Bashir Adeniyi, Comptroller-General of the Nigeria Customs Service (NCS), has disclosed that the value of Import Duty Exemption Certificate (IDEC) approvals granted by the Federal Government rose to about N34 trillion in 2025.

Nigeria Lost N34 Trillion to Import Waivers in 2025, Customs Tells Senate

Adeniyi made the disclosure on Monday during an investigative hearing of the Senate Committee on Finance in Abuja.

He said the import duty exemptions had significantly affected the service’s revenue generation, although many of the waivers were introduced to support critical national priorities.

According to him, about 60 per cent of the approved waivers were granted for the importation of military hardware in response to the country’s security challenges.

He said other beneficiaries included importers of compressed natural gas (CNG), electric and hybrid vehicles, healthcare equipment and medical supplies, industrial machinery, manufacturing inputs and food intervention programmes.

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“IDEC approvals reached about N34 trillion in 2025, about 60 per cent of which was rightly granted for military hardware procurements due to Nigeria’s prevailing security challenges,” Adeniyi said.

The Comptroller-General noted that the introduction of the IDEC scheme in March 2020 had remained one of the major fiscal policies affecting Customs revenue.

He said the service would have generated significantly higher revenue over the years if not for government fiscal measures and other external factors that reduced its revenue base.

Adeniyi, however, maintained that fiscal policy should not be evaluated solely on the basis of revenue generation.

He said government interventions through duty waivers were intended to stimulate economic growth, improve healthcare delivery, encourage industrial production and address national security concerns.

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He urged the Federal Government to strengthen monitoring mechanisms to ensure that beneficiaries of import duty waivers achieved the intended objectives, including reducing prices, increasing production and improving access to essential goods and services.

The Customs boss also disclosed that the service generated N7.28 trillion in revenue in 2025.

He added that out of the N11.04 trillion revenue target for 2026, the service had realised N4.5 trillion as of June 30.

Adeniyi expressed optimism that the service would continue implementing measures aimed at improving revenue collection while supporting government fiscal policies.

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DataPro Upgrades Dangote Cement’s Credit Rating to AA+

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DataPro Rating Agency has upgraded the long-term credit rating of Dangote Cement Plc to AA+ from AA, citing the company’s strong financial performance, market leadership and ability to meet its financial obligations despite Nigeria’s challenging economic environment.

In its latest rating report, the technology-driven credit rating agency also affirmed Dangote Cement’s short-term rating at A1, with a Stable Outlook. The ratings are valid until June 16, 2027.

DataPro said the upgrade reflects the cement maker’s sustained financial strength, resilient operating performance and dominant position in Nigeria and across Africa.

According to the agency, the assessment followed a comprehensive review of the company’s capital base, earnings, liquidity, corporate governance, regulatory compliance and the sustainability of its financial performance over the medium to long term.

It noted that Dangote Cement’s strong brand, leading market share, solid earnings, robust asset base and experienced management continue to strengthen its ability to meet financial commitments on time.

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The agency also highlighted the company’s outstanding financial performance in 2025.

According to the report, Dangote Cement posted N4.31 trillion in revenue during the year, representing a 20 per cent increase from the previous year. Profit before tax more than doubled, rising 109 per cent to N1.53 trillion, driven by higher sales, improved operating efficiency, lower finance costs and a stronger capital structure.

DataPro said the AA+ long-term rating indicates low credit risk and reflects excellent financial strength, business profile and operating performance relative to its rating benchmarks.

It added that the A1 short-term rating signifies good credit quality and shows that the company has a strong capacity to meet its short-term financial obligations as they fall due.

The rating agency, however, noted that the credit rating has a maximum shelf life of 12 calendar months in line with international best practice and should be used only as a reference, not as an offer to trade in securities or as a substitute for investors’ independent judgement.

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