Sufuyan Ojeifo
30 October 2008
Abuja — The Senate yesterday referred a Bill for an Act to outlaw perpetration of financial crimes through such electronic devices as mobile phones, internet and the Automatic Teller Machines (ATM) to its Committee on Judiciary, Human Rights and Legal Matters.
The Committee, headed by Senator Umaru Dahiru, was directed by the Senate to present its report to it within two weeks from yesterday.
One of the highlights of the Bill is the provision that persons found guilty of such crimes would be liable to jail terms from five to 14 years.
The Bill, entitled: "A Bill for an Act to Provide for Prohibition of Electronic Fraud in all Electronic Transactions in Nigeria and for other Related Matters," sponsored by Senator Ayo Arise, outlaws unauthrised access to a computer (or) and other electronic devices.In the case of authorisation, it outlaws exceeding authorised access to computers and or communication devices; use of counterfeit access devices; use of unauthorised access devices; possession of any device designed to manipulate credit or ATM card; damage of a government computer with the intent to defraud; access of computer and or electronic device to commit espionage; and traffic in passwords for public, private and or financial institutions computer or relevant electronic devices.
Senator Sylvester Anyanwu, in his contribution, said: "we are facing economic crisis in the financial sector at the moment.
A series of fraudulent activities take place in the banks and they are perpetrated via electronic facilities. Our banks are very vulnerable. We need to save our people who do not understand the games being played with electronic technology."In his contribution, Senator Suleiman Adokwe said: "there is no aspect of our criminal code that talks about electronic fraud. That is why this Bill is important, because it will take care of the crime."The bill provides with respect to such crimes as intercepting electronic messages, e-mails and electronic money transfers seven-year jail term and 14 years for cases of second conviction.According to the bill, any person who unlawfully destroys or aborts any electronic mail or processes through which money and/or valuable information is being conveyed, is guilty of a felony and is liable to imprisonment for seven years and upon second conviction shall be liable to 14 years imprisonment."
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While at it, the Senate should also consider ferreting out the 419 kingpins hiding among them. In fact, both houses of Congress should consider expunging the immunity clause that shields sitting governors, and members of the National Assembly from prosecution on criminal behavior. Most importantly both houses should pass the Freedom of Information bill. When these are done, then the public will take Congress seriously about the fight against corruption, short of that is mere window dressing.