US embassy cable - 04ABUJA484

UNCLAS SECTION 01 OF 02 ABUJA 000484 
 
SIPDIS 
 
STATE FOR IIP/T/TP PEN AGNEW AND AF/PD 
 
E.O. 12958: N/A 
TAGS: OIIP, KPAO, NI 
SUBJECT:  NIGERIA AND GTC PROPOSAL 
 
REFTEL:  STATE 033002 
 
1.  Overview:  The U.S. Mission in Nigeria proposes 
that GTC and the Mission partner with NITDA (National 
Information Technology Development Agency) to combat 
cybercrime, a well-known threat both inside and outside 
of Nigeria through 419 emails.  Increasingly, the 
Government of Nigeria is concerned about the potential 
destabilizing effect of cybercrime to Nigeria's banking 
and commercial sectors.  As a basis for combating 
cybercrime, Nigeria's criminal laws must conform to the 
newly emergent threat.  Current laws did not foresee 
information and communications technology (ICT) and its 
possible criminal use.  While Nigeria's private sector 
in ICT has generated immense foreign and domestic 
investment in this key sector, there are no laws or 
enforcement institutions created specifically to 
prohibit and enforce actions directed at these ICT 
infrastructures. 
 
2.  In addition, no country parallels Nigeria in 
electronically generated 419 scams.  While the Nigerian 
Economic and Financial Crimes Commission (EFCC) is 
statutorily empowered to enforce Nigeria's financial 
crimes laws, under which 419 falls, Nigeria's laws only 
contemplate the traditional non-ICT environment. 
Internet-based 419 scams are not legally covered at 
present.  Further, if a criminal is apprehended using 
cyber-tracking means, evidence of his/her activities 
may be inadmissible in Nigerian courts as the current 
laws are mute on this subject.  A recent judgment by 
the Kaduna State Court of Appeals denied evidential 
admissibility of a computer-generated accounts 
statement on the grounds that the statement did not 
meet the definition of a "book" as stipulated under the 
Nigerian Evidence Act. 
 
3.  Recently, the GON - at NITDA's urging - established 
a Presidential Committee on Cybercrime to examine the 
need for cybercrime laws in Nigeria and what mechanism 
is best suited for enforcing such laws.  The 
Committee's recommendations included the drafting of 
new legislation dealing with cybercrime, formation of a 
Nigerian Cybercrime Working Group (NCWG) to do public 
education and gain National Assembly support for such 
legislation, and the establishment of a separate agency 
for enforcing new cybercrime laws.  Two of the three 
recommendations have been carried out; law enforcement 
elements and the EFCC have resisted the establishment 
of a separate enforcement agency for cybercrime.  The 
NCWG has drafted a Cybercrime Act, but it has not yet 
been reviewed within the GON nor submitted to the 
National Assembly.  Relevant sectors of the GON 
(primarily judicial, law enforcement, and intelligence 
officials) as well as the National Assembly will 
require technical assistance to understand the draft 
law and its ramifications, as well as how it 
articulates with traditional criminal law.  Private 
sector consultation and training is also necessary so 
that telecommunications officials and related service 
providers, Internet Service Providers (ISPs) and 
cybercafe owners are also adequately informed.  The 
NCWG is inadequately staffed to provide such technical 
training. 
 
4.  Project Description:  The Mission seeks USGTC 
professional(s) to assist the NCWG to brief GON 
stakeholders on the draft Cybercrime Act (Phase 1), and 
once approved, brief National Assembly legislators on 
the Act (Phase 2) to ensure its passage.  USGTC 
partner(s) should be familiar with cybercrime laws in 
the United States, Europe, and the developing world, 
and be able to brief legislative bills concerning ICT 
to non-experts.  A combination of legal expertise and 
computer/ICT skills is desired.  Post would also want 
the professional(s) to work with the NCWG to develop an 
appropriate public education strategy for explaining 
the issue of cybercrime and the enacted legislation to 
Nigeria's ICT community and the media (Phase 3).  As 
part of Phase 3, we would also ask that USGTC 
investigate if any of the current anti-spam software 
might be used to assist in identifying and screening 
out 419 emails - such information and software would be 
useful to share with stakeholders here. 
 
5.  Timeframe:  Post would anticipate conducting the 
Phase 1 training in the last quarter of FY 04, and the 
Phase 2 training in the first quarter of FY 05.  Phase 
3 would take place during FY 05. 
 
6.  Project Purpose/MPP Goals:  Assisting the GON in 
the area of cybercrime falls under International Crime. 
 
7.  Primary Contact:  Primary contact for the proposal 
is Margaret McKean, Information Officer, U.S. Embassy 
Abuja, 234-9-523-2018, McKeanMB@state.gov 
 
8.  Audiences:  The audiences for the proposal are 
relevant stakeholders within the GON whose offices will 
be concerned with cybercrime and enacted legislation, 
members of the National Assembly who will debate and 
vote the draft Cybercrime Act into law, and members of 
the public - particularly those sectors most concerned 
with ICT.  NITDA is the GON's chief agency for ICT 
issues, and has strong support from President Obasanjo. 
 
9.  Cost Sharing:  PAS does not have 04 funds to 
contribute to this project; we may have limited funds 
for local per diem and travel in FY 05, but another 
continuing resolution would likely negate this 
probability.  INL has some funding for cybercrime, 
which is primarily slated for law enforcement training 
and assistance.  The USGTC proposal is meant to 
complement INL initiatives; however, INL funding will 
not be able to contribute to the current proposal. 
 
10.  Follow-on:  Through the EDDI initiative, the 
Mission has already established a strong partnership 
with NITDA; INL has a broad assistance program with law 
enforcement and security agencies in Nigeria, and USAID 
has a multi-year project with the court system.  These 
partnerships will dovetail in the Mission's efforts to 
assist the GON deal with cybercrime, and particularly 
Internet-based 419 scams. 
 
11.  Language requirements:  English. 
 
ROBERTS