By Barrister Evans Ufeli Esq
Recently, I heard a Nigerian saying,
“I go give my hacker the information e go hack the phone and I go use am against una. Una go learn. Una neva see anything.”
This fellow is celebrated by many Nigerians as some activist with a good intention to rid society off fraud and crime. In the above expression, he boasts of how he uses hackers to get on people's devices to obtain unauthorized information. Such an act is an offence, he doesn't know and his admirers probably don't know. He is being hailed as intelligent. Hacking is a criminal offense under the cybercrime Act.
Hacking, commonly referred to as unauthorized access to computer systems and networks, is an increasingly pervasive issue in our digitally driven society. In Nigeria, the legal framework addressing hacking and related cyber offenses is outlined in the Cybercrime (Prohibition, Prevention, etc.) Act, which was enacted in 2015. This Act establishes clear definitions, penalties, and guidelines for combating cybercrime, including hacking, and ensures a robust legal framework to protect individuals, businesses, and national security in the online space.
One of the foundational components of the Cybercrime Act is its explicit prohibition against unauthorized access to computer systems. According to Section 6 of the Act, any person who intentionally gains unauthorized access to any computer system or network is committing a criminal offense. This legal structure is vital in a world where sensitive personal and institutional data are increasingly stored online and accessed via digital networks.
The Act outlines various forms of hacking, including computer trespass, which is often enacted for fraudulent purposes. Section 6(1) specifies that any person who unlawfully accesses a computer system to promote a fraudulent purpose or obtain something of value unlawfully is subject to penalties. This provision underscores the seriousness of the offense, as it links hacking to fraud, thereby magnifying its potential harmful effects on victims.
Furthermore, the Cybercrime Act extends its protections to the national security of Nigeria. The Act classifies certain data and information deemed vital to national security and prohibits unauthorized access to this sensitive information. Section 6(2) elaborates on this aspect, stating that any individual who breaches this law is liable to stringent penalties given the potential repercussions on the nation's security infrastructure. The intention is to deter individuals from engaging in activities that may compromise national interests.
The penalties for hacking under the Nigerian Cybercrime Act are severe and multifaceted. Offenders can face imprisonment for a period not exceeding seven years, monetary fines, or a combination of both. The specific penalty depends on the nature and severity of the offense, as stipulated in Section 6(4). This reinforces the message that hacking is not merely a technological violation but a serious crime with real-world implications, both legally and ethically.
The enforcement of the Cybercrime Act rests with designated law enforcement bodies, particularly the Economic and Financial Crimes Commission (EFCC) in Nigeria, which plays a pivotal role in investigating cybercrime and prosecuting offenders. By empowering these agencies, the government strives to cultivate a safer digital environment for individuals and businesses alike.
Moreover, the Cybercrime Act encourages public awareness and responsible cyber behavior. Section 25 promotes the establishment of educational initiatives aimed at informing the public about the dangers of cybercrime, thereby fostering a culture of cybersecurity awareness. This proactive approach is essential as it empowers individuals and organizations to protect themselves from the risks associated with hacking and other forms of cyber offenses.
The Nigerian Cybercrime Act serves as a comprehensive legal framework that addresses the growing concerns surrounding hacking and cybercrime. It not only defines hacking within the context of unauthorized access and fraud but also emphasizes the importance of national security considerations. The rigorous penalties associated with these offenses reflect the gravity with which the Nigerian government approaches cybercrime. As individuals and organizations continue to navigate the complexities of the digital landscape, understanding and adhering to these legal provisions is crucial for fostering a secure online environment.
I shall go to Rabbi again.
