ABUJA – A Bill for an Act to prohibit electronic fraud in all electronic transactions in Nigeria and for other related matters passed its Second Reading at the Senate Wednesday and was referred to its committee on Judiciary, Human Rights and Legal Matters for further action and report back in two weeks.
Sponsored by Senator Ayo Arise, the Bill seeks to jail offenders for between five months and 14 years with options of fines or both.
When passed, the new law will ensure adequate punishment for crimes such as intercepting electronic messages, e-mails, and electronic money transfers. The Bill provides for seven year jail term and 14 years for cases of second conviction.
To curb the practice of sending “viruses or computer worms or computer program with the intention to damage or manipulate a computer record or obtain other records or data belonging to the government, educational, research or any financial institution,” the Bill provides for a jail term of seven years or a fine of N5 million naira or both.
Also in the Bill, deliberate spreading of “false information that could threaten the security of the country or that is capable of inciting the general public against the government through electronic messages” attracts seven years imprisonment or N5 million.
Moreso, unlawful possession of or forging of Credit Card, Debit Card, Smart Card, Automated Teller Machine card or any other related electronic payment system devices whether such devices are fully or partially loaded with funds or not attracts seven years jail term.
The Bill further provides “any person who being employed by or under the authority of any Bank or other financial institutions either directly or indirectly unlawfully divert electronic mails, with the intent to commit or omit any act or order to benefit directly or indirectly is liable to imprisonment for seven years or a fine of five million naira or both”.
To check against sending of phonographic messages, the Bill states that: “Any person who knowingly sends pornographic images to another computer by way of unsolicited distribution shall be guilty of a misdemeanor and upon conviction shall be sentenced to 1 year imprisonment or a fine of 250,000.00 Naira or both.”
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