Nigerian Communications Commission (NCC) is pressing forward with so-called 'lawful interception’ which will give the NCC and security agencies powers to intrude into private communications of Nigerians such as telephonic calls, e-mail messages and SMS in the name of enhancing national security; prevention of crime committal; and facilitating criminal investigations.
Some lawyers claim that lawful interception has a strong legal basis, but most Nigerians are worried that that the provision of surveillance and interception capabilities would facilitate human rights abuses by security forces in a country like Nigeria.
Also at the public hearing of the proposed law in Abuja Tuesday last week, stakeholders, insisted that such regulation must pass through the process of law making in order to make sure that it did not invalidate rights guaranteed by the constitution of the country.
But Dr. Eugene Juwah, executive vice chairman, NCC said that “The commission is certain that the regulations will provide the guiding standards and principles for an effective regime on lawful interception of communications and licensing in the Nigerian telecommunications industry.
‘‘This also represents another effort by the commission towards ensuring that the standards in the industry reflect international best practices while taking into consideration our local circumstances.” He added.
When the regulation comes into force, it will provide the framework for authorised security officials to intercept calls or messages that they have reasons to believe put the lives of individuals or security of a community at a risk.
It would be recalled that House of Representatives had earlier this year passed the second reading of the controversial bill on lawful Interception. The Senate endorsed the bill since September 2013.
Mallam Nasir el-Rufai, now governor of Kaduna state had at a forum organised by JACITAD a few years back, insisted that “Lawful interception is necessary but in the mould of Electronic Privacy Act as it is done in other countries. You must get a warrant from a judge before your communications is monitored”
Stakeholders at the forum also expressed worry at its possible manipulation and misuse by power hungry government officials.
Gbenga Sesan, executive director, Paradigm Initiative Nigeria amplified it when he said that “without the appropriate laws enacted, one of the problems we will have is that people will be hunted down and killed because of the military mentality in most of us”
He noted that the National Assembly was yet to legislate on the Data Privacy Protection Bill. Therefore, he expressed fears that with the new bill, internet freedom will no longer be guaranteed.
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