The “Lawful Interception of Communications Regulations” of the
Federal Government of Nigeria permits the National Communication Commission
(NCC) to tap telephone lines with the goal of monitoring communications in the
country. It empowered the Police, State Security Services (SSS) and other
security agencies to intercept phone calls, internet, SMS and other electronic
communications to filter information that may be useful to security operations.
The regulation is designed to make it easier for the Nigeria
intelligence community and law enforcement agencies to prevent terrorists’
attacks in Nigeria and against Nigeria interests abroad.
This regulation was received by Nigerians with two contending and
conflicting feelings – that of hope of being safe and that of concern for
surrendering their freedom to feel secure. A provision of the regulation states
clearly that, “It shall be lawful for any law enforcement agency to intercept
communications pursuant to any enactment for the time being in force and these
regulations, if the interception relates to the use of a communication service
provided by a licensee (network operator) to persons in Nigeria; or the
interception relates to the use of a communication service provided by a
licensee to a person outside Nigeria”.
The NCC said that any network operator shall not be liable in any
criminal proceedings of any nature for any damage, loss, cost or expenditure
suffered or to be suffered (whether directly or indirectly) for any act or
omission done in good faith in the performance of the duty imposed under these
regulations. The agency bears all the responsibility alone but however warn
licensees (network operators) that noncompliance with this regulation would
attract serious penalty. “If a licensee or any of its officers, managers, chief
executive officer, secretary or other similar officers of the licensee or its
officers shall be liable to a fine of N5,000,000 and if such an offence is
continuing, such a licensee or officer shall be liable to a daily penalty of N500,000,”
NCC stated. What this means is that the security agencies can kick off demand
as may be considered necessary from any network operator to intercept
conversation of any suspect in the course of criminal investigations.
Recently
reports have it that due to rising insecurity in northern Nigeria prominent
persons in the region, including governors and emirs have started avoiding
public mosques. Northern governors and VIPs had come under increased pressure
to change their security arrangements following incessant attacks and killings
of Muslim faithful by Boko Haram gunmen targeting prominent individuals. On the
other hand, investigations have revealed that southern governors and VIPs are
becoming more skeptical about attending public functions and churches due to
persistent threat emanating from the Niger Delta militants. The spate of
insecurity and rising violence in the country culminated in the former
Vice-President Atiku Abubakar referring to this period as “a bag time to be
born in Nigeria”. Something must be done and urgently too.
With the
bombs booming in the desert and the war drums rolling out in the creeks, the
Federal Government of Nigeria is not only in-between the devil and the blue
sea, but must rise up to its constitutional responsibility which is “the security and welfare of the people”;
to maintain law and order and ensure
that law abiding citizens and residents go about their legitimate businesses
without crime or fear of crime. History is replete with accounts of civilizations
that have risen and fallen searching for a balance between citizens’ safety and
freedom. The search for a balance that
can guarantee security and establish lasting peace and stability in the system and
at the same time protect citizens’ rights, freedom and welfare is ongoing. No nation
can claim to have gotten the formula. The civilized world is still groping in
the dark in this regard.
Perhaps,
that accounts for the Federal Government of Nigeria’s expression of bitterness at
an Israelis company, Elbit System for the breach
of confidentiality in the $40million contract intended to see the Israeli
company spy on citizens’ computers and Internet communications under the guise
of intelligence gathering and national security. Under the arrangement Elbit Systems is to supply its Wise Intelligence Technology
(WiT) system that will help the Federal Government to access all computers and
read all email correspondences of citizens in what has been described as, “an
infringement on constitutionally guaranteed freedom of expression”.
Nigeria is not alone in this race to protect itself and citizens
both at home and abroad from terrorists’ attacks or stay on top of its safety
and security. Several civilized countries of the world with higher security
awareness have adopted similar programme while the search for a universally
acceptable best practice continues.
The USA Patriot Act passed by the 107th Congress
otherwise known as “Provide Appropriate Tools Required to Intercept and
Obstruct Terrorism” allows more electronic surveillance and wiretapping of
private citizens. The law although strongly criticized by civil liberties
advocates broadened America security agencies’ phone and electronic
surveillance authority and made it easier for the government to obtain phone,
Internet, and even business records. This legislation which was passed less
than two months after the 9/11 is considered to be a vital tool to help prevent
terrorism directed at America citizens and American interests.
The America Homeland Security Act passed in 2002 which created the
Department of Homeland Security designed to protect critical national
infrastructure and focus US resources on protecting the safety of US citizens
and respond to emergencies, shielded Internet service providers from customer
lawsuits if providers share private subscriber data with law enforcement
agencies. The Act empowered law enforcements to obtain information regarding
private Internet subscribers without warrant. It also allowed law enforcement
agencies to trace the location and identity of an Internet user suspected of
posing an “imminent threat to national security interests”, or perpetrating
attacks on “protected computers” both
government machines and any system used in “interstate commerce or
communication”.
In the United Kingdom
the Regulation of Investigatory Powers Act 2000 empowered security agencies to
carry out surveillance and investigation; it covers the interception of
communications, technological changes such as the growth of the Internet and
strong encryption, and gives unlimited powers to security agencies who on the
grounds of “national security”, and for the purposes of detecting crime,
preventing disorder, public safety, protecting public health, or in the
interests of the economic well-being of the United Kingdom intercept any
information that may be useful to security interests and operations.
Today, Nigeria is a
growing global market for the communication industry. Nigeria is also a fast
growing social media hotspot. Nigeria is also fast attracting a lot of
religious extremists that are accelerating terrorist activities in the country.
The number of telephone lines is rising by the day. By 2012 counts, there are
109 million telephone lines in Nigeria. Reports also have it that Nigeria had
48, 366, 176 number of Internet users and 6, 630,200 Facebook fans, and the
highest in Africa. Nigeria is said to be the third largest users of twitter
globally.
No doubt, the right to
privacy, long cherished by Nigerians and guaranteed by Section 37 of the 1999
Constitution of the Federal Republic of Nigeria, is being compromised by the
Lawful Interception of Communications Regulations and more of such legislations
that will be unfolding from time to time as terrorists and criminals expand
their scope and modus operandi the government device new means and laws to
check them and their activities in the country.
Again, there is this
fear that political opponents and those considered radicals will be unfairly
target for surveillance.
Besides, what is the
guarantee that network operators will not intercept private communication or
give such information to wrong persons? Many Nigerians have continued to
border. There is need for appropriate regulations to ensure that the privacy of
Nigerians, their homes, correspondence, telephone conversations, etc are
protected from dubious elements in the system who may like to use this method
to collect information about innocent people to victimize or target and attack.
The Lawful Interception
of Communications Regulations is the Federal Government of Nigeria’s
counterterrorism and crime prevention strategy that should be welcomed by all,
in view of the emergent trends in insecurity and criminality in the country.
Governments at all levels on their part should make sure that this strategy is
leak-proof, the procedure well defined and operators trained to protect
innocent people from being victims of this good intention.
While we depend on our military and law enforcement to defend and
protect us, we also must do our part. We must give a little of our freedom to
get more of protection! Safety comes before freedom! One cannot be free in the
face of danger!