Udotai urges AGF to regulate cybercrime Act’s enforcement

CybercrimeInformation and Communication Technology lawyer, Mr Basil Udotai has called on whoever will emerge the Attorney General of the Federation (AGF) to regulate the enforcement of the Cybercrime Act, 2015 pending the amendment of the law.

Udotai made the statement in an interview with The Guardian in Lagos after delivering a lecture on “Dealing with the challenge of Cubercrime in the Economy”at the 2015 seminar of the Financial Services Group (FSC) of the Lagos Chambers of Commerce and Industry (LCCI).

He said that some sections of the law are onorous and requires the intervention of the chief law officer of the federation. Udotai said this can be done at the interim, while at the long run, the law needs to be amended. “The law is not overwhelmingly enforced now, because there is no single entity that is to take up the leadership.

No one knows who is the boss. By now, somebody would have taken a memo, and say I need such amount of money for sensitization and to buy equipment but if all law enforcement agencies are empowered by the law, who is the boss? So, it is a terrible oversight, nobody knows who to go to.

There is serious conflict”, he declared. According to him, the financial services sector is heavily burdened under the cybercrime act. “While all the general positions affect them because they do technology, the specific financial related provisions also affect them. It is something we need to realize and pay particular attention to.

The law on a whole is good and should be enforced. We should try to attack cybercrime and cyber security using this law. “I look at it more critically as one sector that is isolated.

My approach is that they should petition the president through the Attorney general and say these provision are onorous”, he stated. He noted that the law affects the transactional and compliance bodies. “It will even affect the regulatory integrity of the CBN in relation to the banks.

It will retard a lot of progress we made at the technology sector, most especially, payment data processing. “Perhaps the president should take another look at this.

The purpose is to get the AG stay action because he is the chief law officer of the federation. He can say a particular section of the law should not be enforced while the general provision that are better couched can go ahead”, he said.

He advised that the AGF can also by regulation assign the enforcement of the law to a particular law enforcement agency instead of leaving it in the hands of so many entities.

His words: “He can, by regulation say this agency could be police in charge of cybercrime unit or any other entity created by that regulation.

So it will be legal if the AG adopt a regulation under the act and create a special unit to tackle cybercrime specifically . “That would be a proper way to go because the resources needed to set up a cyber crime investigative environment is very high.

Where will you get the money with this fallen oil price to get cyber crime investigation system and replicate across all law enforcement agencies. “There is a special concentration on the financial services sector within the law mechanism for ameliorating some of the challenges and one of them is to make sure that there is a single institution one can deal with.”

Other speakers at the event include Mr. Abimbola Olashore, Chief Executive Officer, Lead Capital Plc, who dissected the foreign exchange challenge in the economy, Mr. S.O Tinubu, the managing director, SCIB Nigeria and Company Limited. He spoke on cyber insurance.

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