The danger in the newly enacted Cybercrimes Act by the federal government

The Federal government has announced that it has formally enabled the cybercrimes Act into full force making all its provisions legally binding across the country.

However, as good as it sounds, there is an aspect of it that to discerning minds seems dangerous to security and safety of lives of Nigeria’s citizens that it’s meant to protect.

When critically examined section 10 of the Act reads, ” Recording Private Conversations: Recording Private Conversations without proper authorisation -even as a participant – is deemed a violation of privacy.
Penalty: Up to 2 years imprisonment.
This to me, is dangerous in many respects, in the context of our day to day life in relations to our security and safety.

For instance, if a kidnapper calls the relatives of a kidnapped victim, you might need to seek permission from him before you record his voice. Without permission, if he’s eventually arrested and you have audio recording of his discussion with you, even if traced to his line, he can still go Scott free because there was no permission from him before you recorded his voice.

In case of threat to life via phone call, one can not also use a recorded voice to prove as evidence in court, because there was no agreement between you and the one that threatened your life before you recorded his/voice.

In the case of harassment of any sort, like sexual harassment, where a married man harassed a woman by sending his nude videos or and pictures of his private part trying to seduce her with the size and other seductive messages , this section 10 of the cybercrimes law has made it impossible for such evidence to be tenable in the court of law.

These are just but few areas one thinks the Legislators should revisit and review with a view to finding solution to it towards ensuring its amendment , or completely expunge it from the cybercrimes Act.

Otherwise, this section 10 of the Cybercrimes Act will cause so much confusion and make it difficult to prove some serious Cybercrimes cases.

Before a very sensitive law like Cybercrimes Act is passed into law, one would have expected that the Senate ought to have critically addressed all the grey areas and ensure there are no encumbrances to properly and effectively prosecute any aspects of the crimes. But, in this case, as it appears, it seems to have been hurriedly passed into law as if it’s a child of necessity and a matter of urgency.

At this juncture, the Legislators should pause and check their consciences to know if they are actually doing the things that are in the interest of Nigerians as Representatives or just doing everything to protect themselves and personal ego. Let our conscience be our guide and judge.