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Protecting Individuals and Businesses from Cybercrime In Nigeria: A Legal Perspective

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Introduction

The rapid digitalization of our world has brought about immense benefits, but also new and evolving threats. Cybercrimes have become a major challenge facing both individuals and businesses, with devastating consequences. In Nigeria, the situation is particularly acute, as the country has become a hotbed of cybercriminal activity in recent years.

This essay will examine the current landscape of cybercrimes impacting individuals and businesses in Nigeria, the key vulnerabilities that enable these crimes, and the legal and regulatory frameworks in place to combat them. It will then propose a comprehensive strategy to enhance cybersecurity protections and empower Nigerians to navigate the digital world with confidence.

The Cybercrime Landscape in Nigeria

Individuals and businesses in Nigeria are highly vulnerable to a wide range of cybercrimes, from financial fraud and identity theft to malware attacks and ransomware. These crimes can result in substantial financial losses, reputational damage, and severe disruption to personal and professional lives. Addressing this threat is of paramount importance, as cybercrime not only harms victims, but also undermines economic development, erodes trust in digital systems, and poses broader national security risks.

The scale and sophistication of these crimes have escalated significantly in recent years, driven by a combination of factors, including high youth unemployment, widespread internet and mobile penetration, and lax enforcement of cybersecurity laws.

The most prevalent forms of cybercrime targeting individuals in Nigeria include:

1. Financial Fraud: Nigerians are regularly subjected to various financial scams, such as business email compromise (BEC), romance scams, and advance fee fraud (also known as “419” scams). These crimes often result in the loss of substantial sums of money, as well as the compromise of personal financial information.

2. Cyberbullying and Harassment: Social media platforms have become breeding grounds for online harassment, with Nigerian women and children particularly vulnerable to stalking, threats, and the non consensual sharing of intimate images. Individuals may be the victims of persistent, threatening, or intimidating behavior through digital channels, such as social media or email.

3. Identity Theft: Cybercriminals may illegally access and steal sensitive personal or financial information, such as login credentials, credit card numbers, or social security numbers, to commit fraud or sell on the dark web.

4. Online Fraud and Scams: Criminals may use phishing, spoofing, or other social engineering tactics to trick individuals or businesses into revealing sensitive information or making fraudulent transactions.

5. Cyberattacks on Critical Infrastructure: Hackers may target vital systems, such as power grids, transportation networks, or healthcare facilities, with the aim of causing widespread disruption and harm.

6. Distributed Denial of Service (DDoS) Attacks: Cybercriminals have launched DDoS attacks against Nigerian businesses, overwhelming their networks and disrupting operations, often as a precursor to further extortion attempts.

7. Data Breaches: Lax cybersecurity practices and outdated infrastructure have made Nigerian businesses vulnerable to data breaches, resulting in the theft of sensitive customer and proprietary information.

Legal and Regulatory Framework on Cybercrime In Nigeria

1. The Cybercrime (Prohibition, Prevention, Etc.) Act, 2015:

This Act is the primary legal framework for addressing cybercrime in Nigeria. It criminalizes a wide range of cybercrime activities, including unauthorized access to computer systems, data theft, and the spread of malware. The Act also establishes the Cybercrime Advisory Council and the National Cybersecurity Strategy to coordinate the country’s efforts in combating cybercrime.

2. The Nigerian Data Protection Regulation (NDPR):

Introduced in 2019, the NDPR is a set of guidelines that aim to protect the personal data of individuals, including the vulnerable, from unauthorized access, use, or disclosure. The regulation requires organizations to obtain valid consent from individuals before collecting and processing their personal data, and it imposes penalties for non-compliance.

3. The Central Bank of Nigeria (CBN) Cybersecurity Frameworks:

The CBN, as the regulatory body for the financial sector, has issued various cybersecurity frameworks and guidelines to ensure that financial institutions, including banks and fintech companies, have adequate measures in place to protect their customers’ data and prevent cybercrime-related incidents.

4. The National Information Technology Development Agency (NITDA) Guidelines:

NITDA, the government agency responsible for regulating the information technology sector, has issued several guidelines and standards to promote the adoption of cybersecurity best practices among businesses and individuals, particularly the vulnerable SMEs.

While these legal and regulatory frameworks have been instrumental in addressing the cybercrime problem in Nigeria, there are still significant challenges in their effective implementation and enforcement, particularly in protecting the vulnerable segments of the population.

Protecting Businesses

Businesses face unique challenges in defending against cybercrime, as they are often targeted for their valuable data, sensitive information, and critical infrastructure. Effective |
business protection strategies include:

1. Comprehensive Cybersecurity Practices: Businesses should implement a robust cybersecurity program that includes regularly updating software, implementing access controls, conducting employee training, and regularly testing incident response plans.

2. Regulatory Compliance: Businesses must ensure compliance with relevant cybersecurity and data protection regulations, such as GDPR or CMMC, to avoid costly penalties and legal liabilities.

3. Cyber Insurance: Businesses should consider investing in comprehensive cyber insurance coverage to mitigate the financial impact of potential cyberattacks and data breaches.

4. Incident Response and Business Continuity Planning: Businesses should develop and regularly test detailed incident response and business continuity plans to ensure they can effectively respond to and recover from a cybersecurity incident.

5. Collaboration and Information Sharing: Businesses should engage with industry organizations, government agencies, and law enforcement to share threat intelligence, best practices, and participate in coordinated efforts to combat cybercrime.

6. Legal Recourse and Representation: Businesses that have been the victims of cybercrime should seek legal counsel to explore their options for civil litigation, criminal prosecution, and other legal remedies.

Conclusion

Cybercrime poses a significant and ever-evolving threat to both individuals and businesses in the digital age. Addressing this challenge requires a comprehensive approach that combines legal frameworks, regulatory oversight, and practical security measures. By understanding the various types of cybercrime, recognizing vulnerabilities, and implementing robust protection strategies, individuals and businesses can better safeguard themselves against the devastating impacts of these criminal activities.

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THE IMPORTANCE OF A TENANCY AGREEMENT: RIGHTS AND RESPONSIBILITIES OF PARTIES TO A TENANCY AGREEMENT.

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Tenancy Agreement

BY BARR. PETER UMAH

INTRODUCTION:

Shelter is a fundamental need for every individual. In Nigeria where there is rapid inter-state and inter-community migration in search of livelihood, housing poses a major challenge for the citizens. Since not everyone can afford the luxury of owning a house, a chunk of individuals in Nigeria rent houses for temporal stay.

Where a person decides to give his property to another individual who accepts to take possession of the property for an agreed period of time is called a tenancy. Where, thereof, a person decides to give out his property(landlord) to another who agrees to take possession of same(tenant) for an agreed period of time and such agreement in reduced into writing such is called a tenancy agreement.

A “Tenancy Agreement,” is a legal deal that sets rules for how a tenant can live in a landlord’s property for a certain time. This agreement covers things like paying of rent, looking after the property, and how the property can be used. A Tenancy Agreement is written agreement between a Landlord and his tenant which states the agreed terms and condition of the tenancy.

Tenancy agreement is very important. It provides clear terms and prevents unwarranted possession of property after expiration of tenancy and avoids arbitral increase of rent. It is good for every property owner to prepare tenancy agreement. Also, Tenants should not take possession of property without demanding for tenancy agreement and endeavor to read it carefully.

A Tenancy Agreement is not mandatory in law, and the fact that a tenancy agreement does not exist in a tenancy relationship does not mean that the Landlord and Tenant have no rights in the tenancy. Both Landlord and Tenant have something called implied rights in all Tenancy relationships whether or not a Tenancy Agreement exists. However, a Tenancy Agreement is important because it provides further protection for both the Landlord and Tenant, and it expands on the implied rights.

Who creates the Tenancy Agreement?

In Nigeria, the Tenancy Agreement is in most cases created by the Landlord or their lawyer. As the Landlord is the owner of the property, they set the terms on which they want to rent their property and present this to the Tenant. Nigeria Property Centre has developed a service for Landlords where they can create their own Tenancy Agreement

What a Tenancy Agreement should contain

There is no particular form to write the agreement but a standard tenancy agreement must contain; date, names and addresses of parties, rights and obligations or covenants and witnesses.

As a Landlord or a Tenant, you need to ensure that your Tenancy Agreement includes the following terms and information at a minimum:

  • The names and addresses of the Landlord and the Tenant
  • The address of the property
  • The start date and end date of the tenancy
  • How much the rent will be
  • Other applicable amounts including – legal fees, agency fees, security deposits, service charges/fees etc as applicable
  • The obligations of both the Landlord and the Tenant
  • An outline of bills the Tenant is responsible for

The above list is not exhaustive and in fact there are more terms that are frequently included in well-drafted Tenancy Agreements. Before renting a property, it is important that a well-drafted Tenancy Agreement is signed by both parties as it is the most important document in the tenancy relationship.

What are the major keywords in a tenancy agreement.

  1. A ‘landlord’ is the owner of the property, while a ‘tenant’ is the person renting the property. The ‘premises’ refers to the actual property being rented, like an apartment, house, or condo.
  2. The ‘term’ of the agreement is the length of the lease, such as 6 months or 1 year. A ‘renewal’ extends the original term, while a ‘termination’ ends the agreement.
  3. ‘Rent’ is the amount paid by the tenant to the landlord to occupy the premises. A ‘security deposit’ is paid upfront and may be used by the landlord for any unpaid rent or damages at the end of the lease.
  4. ‘Utilities’ like water, electricity, and gas are either included in the rent or paid separately by the tenant. ‘Fixtures’ are parts of the building like sinks, toilets, and cabinets that belong to the landlord. ‘Appliances’ such as a fridge or stove may be provided, or you may need to bring your own.

What are the Rights of the Tenant in Nigeria

As a tenant in Nigeria, you have certain rights that protect you and allow you to live comfortably in your rented property.

  • Right to Privacy

A landlord cannot enter the home of a tenant without proper notice to him. The landlord must give adequate notice before coming onto the property of the tenant. The only exceptions are in cases of emergency or where express permission to enter was given by the tenant. The Length of notice to be given in this context is usually contained in the tenancy agreement but where there is no tenancy agreement, a notice of a least 24hours is required.

  • Right to Repairs

The landlord is responsible for ensuring the property is habitable and making any necessary repairs to things like the roof, plumbing, electrical systems, etc. If something is broken or needs fixing, the landlord should be contacted in writing, requesting the necessary repairs. Failure to make repairs could be grounds to withhold rent or break the tenancy agreement.

  • Right to a Safe Environment

The landlord must provide proper and adequate security for the tenant. The locks and proper lighting and ensure the overall safety of the building and any common areas.

  • Right to Peaceful Enjoyment

A tenant, has the right to live in the property without unnecessary interference from the landlord or other tenants. Excessive noise, harassment, or anything that inhibits the tenant’s ability to live comfortably in the space could be addressed by contacting the landlord or local authorities.

What are the Responsibilities of the Tenant in Nigeria

As much as tenants have rights which they must enjoy, there are responsibilities which they must uphold.  Failure to do so can lead to disputes with your landlord and even eviction. These responsibilities include but not limited to:

  • Pay rent on time

Tenants must pay rent on time, typically every year, is arguably the most important responsibility. Late or non-payment can damage the tenancy relationship with the landlord and hurt your credit.

  • Maintain the property

It is the responsibility of the tenant to keep the rental unit in good condition. Perform minor repairs and maintenance, keep it clean and pest-free, and avoid damage beyond normal wear and tear. The tenant must also notify the landlord promptly about any major issues.

  • Follow the rules.

The tenant is to carefully follow all terms outlined in the tenancy agreement regarding things like noise, pets, guests, smoking, parking, etc. Failure to comply can be grounds for eviction.

  • Give Adequate Notice.

Tenants in Nigeria usually thing they are not obligated to give the landlord notice of vacation of the premises they occupy. Usually, a standard tenancy agreement contains the length of notice to be given by either party in determining the tenancy. So, the tenant is duty bound to oblige to such responsibility where he intends to vacate the property before the expiration of the tenancy. 

  • Payment of extra fees.

Where the landlord and tenants have agreed on who would pay the extra charges like utility bills and the like, the tenant is obligated to fulfil that responsibility. Extra charges like utility bills, parking, storage, or amenities. Make payments for any such fees on time as outlined in the agreement.

What are the Rights and Responsibilities of the Landlord in Nigeria

As a landlord in Nigeria, there are certain rights to protect the investment. Some of the key rights include:

  1. The right to collect rent from tenants as agreed in the tenancy agreement. Failure to pay can result in eviction. Landlords also have the right to review rent prices when renewing or extending the tenancy agreement.
  2. The right to make inspections of the property to check for any damage or needed repairs. Landlords must provide proper notice to tenants before accessing the unit.
  3. The right to make and enforce rules around the use of common areas, noise, pets, parking, and more. These rules should be clearly outlined in the tenancy agreement.
  4. The right to evict tenants who violate the terms of the tenancy agreement or fail to pay rent. Landlords must follow the proper legal procedures for eviction, including providing written notice.
  5. The responsibility to make necessary repairs and renovations to the property. Landlord must provide tenants with notice about any work to be done, except in emergency situations.
  6. The right to choose who lives in the property using screening procedures, background checks, tenant references, and tenancy agreement provisions. The landlord must have the discretion to accept or reject any applicants, as long as it’s not for discriminatory reasons.
  7. The right to charge caution deposits before tenants move in to cover any repairs needed. Deposit fees should be reasonable and must return any unused portion when the tenancy ends.
  8. the possibility of properly and adequately determining the tenancy

Conclusion. It is strongly advised that parties, especially tenants must peruse the contents of a tenancy agreement before signing same and it is advised that thy give the tenancy agreement to a lay to vet and interpret the covenants to them before moving into an apartment. This is because a breach of any connivant in the tenancy agreement may lead to an action in court against the defaulting party.

[1] Generally, section 47 of Tenancy Law of Lagos State 2011 and section 55 of Rent and Recovery of Premises

Law of Cross Rivers State, Laws of Cross Rivers State 2004;

[2] Landlord & Tenant Agreement In Nigeria +Agreement Sample Excision Of Land, — March 13, 2024

[3] Francis, M., Nigeria: Landlord & Tenant – the Right to Shelter and Statutory Protection of Tenants. Daily

independent, Lagos. (2009) [Online] Available at http://www.iut.nu/members/Africa/Nigeria_articleMarch4_2009.pdf

[4] Dabara I. et al., An Examination of the Tenancy Agreement as a Shield in Property Management in Nigeria.

(2012) International Journal of Business Administration.4(3) available from

https://www.researchgate.net/publication/265358703 a

[5]  See generally D.L, Evans, The Law of Landlord and Tenant, Butterworths Publications (1974) pp 12-13

[6] SPLINTERS NIGERIA LIMITED v. OASIS FINANCE LIMITED, Per Iyizoba, JCA, P.33, (paras. B-D).

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THE IMPORTANCE OF DATA PROTECTION COMPLIANCE

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By RONALDSON DIETE-SPIFF, ESQ

INTRODUCTION

The widely recognized technique of making sure that sensitive information collected by companies and organizations is stored and handled in a way that complies with legal and constitutional requirements as well as corporate business norms is known as data protection compliance. Establishing rules that specify how data protection is accomplished in your company in accordance with current laws and regulations constitutes data protection compliance. Data protection compliance is the process of making sure that personal information about individuals collected by companies and organizations is protected and handled so that companies may comply with legal and constitutional requirements. These businesses frequently create internal guidelines outlining the steps necessary to comply with data protection laws.

To comply, an entity handling the personal information of data subjects must use the greatest care when collecting, storing, and managing the subjects’ sensitive or personal data. In this context, “the personal data” refers to any information belonging to a recognized or identifiable natural person. This kind of person is one who can be identified, directly or indirectly, by means of a name, identification number, location data, online identifier, or by means of distinctive physical, physiological, genetic, mental, economic, cultural, or social characteristics of that natural person.

Businesses and their customers have greater trust when data privacy regulations are followed. Additionally, it keeps the business from having to pay high fees for penalties, legal fees, reputational damage, and public humiliation. In order to comply with data protection laws, an organization must comprehend not only its contracts, policies, and legal agreements, but also its information technology, security, audit, and operational systems.

LEGAL FRAMEWORK

The Nigeria Data Protection Act 2023 (“NDPA”), which President Bola Ahmed Tinubu signed into law on June 14, 2023, is the main piece of data protection legislation in Nigeria. Other general legislation that impacts data protection are: The Constitution of the Federal Republic of Nigeria 1999 (as amended), The Nigeria Data Protection Regulation 2019 (“NDPR”), The NDPR Implementation Framework 2020, issued by the National Information Technology Development Agency (“NDPR Implementation Framework”), The Child Rights Act 2003, The Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, The Freedom of Information Act, 2011, The National Health Act, 2014 and The HIV and AIDS (Anti-Discrimination) Act, 2014.

On the other hand, there are sector-specific legislation that impacts data protection and they are: The Consumer Code of Practice Regulations 2007 (“NCC Regulations, 2007”) published by the Nigerian Communications Commission (“NCC”), The Registration of Telephone Subscribers Regulations 2011, published by the NCC, The Consumer Protection Regulations 2020, issued by the Central Bank of Nigeria (“CBN”), Nigeria’s apex bank, The Lawful Interception of Communications Regulations, 2019 which was issued by the NCC, The Guidelines for the Management of Personal Data by Public Institutions in Nigeria 2020, issued by the NITDA, The Official Secrets Act 1962, The CBN Guidelines on Point of Sale Card Acceptance Services 2011, The CBN Regulatory Framework for Bank Verification Number Operations and Watch-List for The Nigerian Banking Industry 2017, The NITDA Guidelines for Nigerian Content Development in Information and Communication Technology 2019 (as amended), The Credit Reporting Act 2017.

BACKGROUND

The Federal Republic of Nigeria’s 1999 Constitution, Section 37, guarantees and protects the right to privacy in the country by stating that “[t]he privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected.” A plethora of other general and industry-specific laws protect (informational) privacy. Many of these laws, most notably the 2019 Nigeria Data Protection Regulation (NDPR), which is currently the most extensive informational privacy/data protection law in existence, are created and implemented by the National Information Technology Development Agency (NITDA), the nation’s preeminent information technology organization.

It is standard procedure for the majority of websites that provide online services to request personal information in order to create online accounts that allow users to make concurrent purchases and other online activities. The typical person has access to a wide range of online services that demand personal information, including email accounts, banking or finance apps, social media accounts (like Instagram and Facebook), online marketplaces like Amazon and Jumia, and betting companies like Betway and Naira Bet.

HOW ARE DATA PROTECTION LAWS ENFORCED IN NIGERIA

According to the Nigerian Constitution, a data subject may exercise his or her right of redress and fundamental rights to privacy. A data subject who feels wronged by the actions of a data controller or processor may file a complaint with the Commission, according to Section 46 of the NDPA. Nigeria clearly needs a robust enforcement ecosystem that supports administrative fines and victim compensation in addition to a robust data protection statute, as evidenced by the evaluation of the country’s institutional framework for data protection.

In Nigerian courts, data protection is subject to justiciability regardless of the legal classification (basic right or tort) assigned to it. The Federal High Court of Nigeria ruled in Incorporated Trustees of Laws and Rights Awareness Initiative v. National Identity Management Commission (NIMC) that a data subject can lawfully sue for breach of his data under the NDPR. Under the NDPR, victims of privacy rights violations can seek redress in court without prejudice to the proceedings of the ARP.

The Federal High Court of Nigeria and the High Court of a State both have concurrent jurisdiction over data protection issues, even though the NDPR does not expressly name a single court with this authority. There is, however, no Court of Appeal ruling regarding the status of the NDPR and the court with necessary jurisdiction to enforce data protection rights, particularly in the absence of primary legislation on the subject. The Ogun State High Court incorrectly declined jurisdiction over the NDPR in favor of the Federal High Court in two separate decisions rendered in 2020. Nigeria’s data protection case law is still in its infancy, and the appeal courts have not yet adopted a clear stance about the types of data protection rights that are granted.

CONCLUSION

Since it safeguards people’s right to privacy and averts data breaches, compliance with data rules and regulations is essential. Serious consequences, including fines and damage to one’s reputation, may arise from noncompliance.

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AGBAKOR ISAAC TERKUVE V WAEC: To what extent can WAEC CANCEL A SUBJECT/RESULT OF A CANDIDATE BY WAEC ON THE GROUND OF EXAMINATION?

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By SANDRA IMADE

Students writing Examination

INTRODUCTION

This legal opinion addresses questions pertaining to the legality of the powers of the West African Examination Council to cancel any scores or subject of a candidate on the ground of examination malpractice and examines the recent case of Agbakor Isaac Terkuve v West African Examinations Council SUIT NO. MHC/37/2023 (unreported) Delivered on 7th March 2024 by Justice Kume in line with the provisions of the Constitution of the Federal  Republic of Nigeria, 1999 (as amended), The Examination Malpractices Act, Laws of the Federation of  Nigeria, 2004 and the West African Examinations  Council Act relaying to the administrative powers of West African Examination Council.

SUMMARY OF THE CASE

  1. The West African Examinations Council (WAEC) is an examination board established by law to determine the examinations required in the public interest in the English-speaking West African countries, to conduct the examinations, and to award certificates comparable to those of equivalent examining authorities internationally.
  2. Mr. Agbakor Isaac Terkuve (Plaintiff), sat and wrote the secondary school leaving certificate examination organized by WAEC (Defendant) for the year 2023 in Benue state, Nigeria. The Plaintiff wrote 9 subjects including the Use of English and Mathematics which are compulsory.
  3. Upon the release of the 2023 examination results by WAEC, the Plaintiff was taken aback as his scores for the use of English and Mathematics were withheld on the grounds of examination Malpractice.
  4. The Plaintiff instituted an action against the Defendant in the Benue State High Court challenging the legality of the cancellation of his result in the subject of Mathematics and Use of English by WAEC.
  5. The court per Justice Kume declared that the unilateral cancellation of the scores/results in the said subjects by the Defendant without affording the Plaintiff the opportunity to defend of any allegation is an infringement of the Plaintiff’s fundamental right to fair hearing. Consequently, the court granted an order directing the Defendant to restore and release the Plaintiff’s scores in the said subjects.

CONSIDERATIONS FROM THE JUDGMENT

  1. Whether or not WAEC is a competent body to try the offence of examination malpractice in Nigeria.
  2. Whether or not the Plaintiff’s right to fair hearing was infringed by WAEC by the cancellation of his scores for examination malpractice without the giving the Plaintiff the opportunity to defend himself.

On Issue One

The offence of examination malpractice is governed by the Examination Malpractice Act, Laws of the Federation of Nigeria, 2004, (The EMA). This Act prescribes various actions which constitutes examination malpractice and the punishment for them. For example, section 2 of the Examination Malpractices Act, defines what constitutes stealing question papers at an examination and the punishment thereof as;

A candidate who, at any examination, by any fraudulent trick or device or with intent to cheat or secure an unfair advantage for himself or any other person, steals or otherwise appropriates or takes a question paper, an answer sheet or a script of any other candidate commits, an offence and is liable on conviction to a fine of N100,000 or imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Accordingly, section 14 of the Examination Malpractices Act, provides that the Federal High Court of Nigeria is the court of competent jurisdiction to try the offence of examination malpractice. Section 14(b) went further to provide that notwithstanding anything contrary to any other enactment, to impose the penalties provided for in this Act, only the Federal High Court has Jurisdiction to try and impose the punishment prescribed by the EMA. Thus, all other laws which are inconsistent with the EMA, are void to the extent of its inconsistency. See section 1(3) and 4(5) the CFRN, 1999 (as amended).

Consequently, the issue of examination malpractice is clearly, a crime in Nigeria, and no person shall be tried for any criminal offence except by a competent court of law established by the CFRN, 1999 (as amended). WAEC is not a court in Nigeria, neither does it have the right to try the offence of examination malpractice.

However, section 16 of the EMA provides that notwithstanding the provisions of the Act, an examination body shall have the power to-

  1. withhold, suspend or cancel the results of a candidate or ban or blacklist a   candidate from  taking its examinations if it is satisfied that the candidate has engaged  in any  form of   examination malpractice;
  2. withdraw recognition, suspend, ban or blacklist or place on probation a school or an  examination centre if it is satisfied that the school or examination centre is involved in any form  of examination malpractice;
  3. remove the name of, or withhold payment to a supervisor or an invigilator or any other official  employed in the conduct of an examination if it is satisfied that the supervisor or invigilator or official has contributed to an examination malpractice.

Furthermore, section 19 of the EMA, which is the interpretation section defines ‘examinationbody’to include the West African Examinations Council and any other body established by the Government to conduct an examination.

It is safe to say that although WAEC is not competent to try the offence of examination malpractice in Nigeria, it can sit as an administrative body to determine if a candidate has engaged in any form of examination malpractice and withhold, suspend, or cancel the results of such candidate. See section 16 of the EMA and Sections 19 – 21 of the WAEC Act.

On Issue Two

The principle of natural justice, also known as procedural fairness, is a fundamental legal concept that ensures fairness and justice in administrative, judicial, and quasi-judicial proceedings. It encompasses two core elements;

  1. Right to a fair hearing: this rule is also known as the ‘”audi alteram partem” rule in Latin that means “hear the other side. This entails the right of all parties involved to have their case heard before an impartial and unbiased decision-maker. This includes the right to present evidence, call witnesses, and make submissions, parties should have the opportunity to know the case against them and to respond to it. They should also be given reasonable notice of hearings and any relevant information or evidence.
  2. Rule against bias– this rule is also known as “Nemo judex in causa sua” rule in Latin that translates to “no one should be a judge in their own cause. Decision-makers must be impartial and free from any actual or perceived bias. This means they should have no personal interest in the outcome of the case and should not have prejudged the issues. Decisions should be based solely on the evidence presented during the proceedings and relevant to the issues in dispute.

These principles are essential to ensure that individuals are treated fairly and justly in legal and administrative proceedings, and they form the cornerstone of the rule of law. This right is guaranteed in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Chapter 4, Section 36(1), (4), (5) of the CFRN, 1999 (as amended). This constitutional provision has been upheld in a plethora of cases by the courts in Nigeria.

In FutMina v. Olutayo (2018) All FWLR (pt. 935) 125,  it was held that the principles of natural justice demand that a student accused of examination misconduct and expelled for that misconduct must be afforded an opportunity by the body statutorily empowered to take such decision, either judicially or quasi-judicially to know the allegation against him, be present when the case against him is heard and, not only to state his side of the allegation, but also to contradict the case against him by the cross-examination of the witnesses called by his accusers.

In Garba & Ors  v University of Maiduguri (1986) All N.L.R. 149, The appellants were studentsat the University of Maiduguri, they were expelled from the institution sequel to the riotous behaviour of about 500 students which amounted to willful destruction, arson, looting and assaults. Their expulsion was not till an investigation panel was appointed by the Vice-Chancellor with the approval of the senate to investigate the student rampage. Each of the appellants deposed to an affidavit denying any participation in the rampage. They also contended that they were not given a fair hearing before the respondent expelled them from the University of Maiduguri. The Supreme Court of Nigeria upheld their appeal as the appellants were not given the opportunity to defend themselves.

In WAEC v Akinkunmi [2008] 9 NWLR (Pt 1091) the respondent wrote and passed WAEC in 1992, subsequently, he was admitted into the University of Ilorin. He obtained a Statement of Result from his school which he used to process his admission at the university. When he was in his final level, the university requested the original of his WAEC certificate for proper documentation. Akin returned to his secondary school only to be told by his principal that WAEC subsequently canceled the result on ground of malpractice. Aggrieved, the respondent went to court. WAEC argued that by the Rules and Regulations made pursuant to the WAEC Act regulating the conduct of WAEC examinations, the body is entitled to cancel results of a candidate or the entire centre where there is a report of malpractice. All that is required of WEAC is to set up panel or for the National Examination Committee (NEC) to invite a representative of the affected school to answer to the allegations. Once the representative of the school fails to give satisfactory explanations, WAEC will be entitled to report malpractice and to dish out the appropriate punishment, including the cancellation of result. The respondent argued that examination malpractice is a crime in Nigeria, It must be proved beyond reasonable doubt against every candidate, and every candidate must be given the opportunity to defend himself/herself in person as the practice of having a principal or representative of the school answer for all the candidates violates the principle of fair hearing. The respondent got judgment at the Court of Appeal but the WAEC won on technical grounds at the Supreme Court.

CONCLUSION

By the combined provisions of the CFRN, 1999 (as amended), the Examination Malpractices Act, and the West African Examinations Council Act, it is established that examination malpractice is a criminal offence in Nigeria, and only a court of competent jurisdiction (the Federal High Court) can try the offence. Be that as it may, WAEC can sit as an administrative body to determine if the offence of examination malpractice has been committed by a candidate and can either withhold, suspend or cancel the result of such candidate.  In exercising this powers granted to it, it must ensure procedural fairness by giving the candidate the opportunity to defend himself. See WAEC & Ors v Mbamalu (1992) 3 NWLR (pt 230). In applying the provisions of the law to the case under examination, the Trial Court, per Justice Kume, was right to in his judgment to the extent of holding that the unilateral cancellation of the Plaintiff’s result by WAEC without affording the plaintiff the opportunity to defend himself of any allegations is an infringement of the plaintiff’s right to fair hearing.

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ABANDOMENT WOMEN AND CHILDREN, A CRIME IN NIGERIA?

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Abandonment is deliberately leaving wife, husband or children that are under the care of a person, by the person that has such care, without any means of sustenance. Hence, is abandoning a woman or child/children a crime?

Spousal and Child abandonment in Nigeria is a growing problem that has been reported extensively in both traditional and social media. This usually occurs when parents or guardians abandon their children, leaving them without proper care or means of sustenance. It is becoming common for individuals, particularly men, to leave their immediate family and move on to new relationships or unknown locations to avoid responsibilities and for other reasons personal to them  which are not limited to the following reasons;.

  • Witchcraft Stigma: Some children are branded as witches by their parents and then abandoned to die. These children may even be subjected to physical harm under the guise of exorcism before being abandoned.
  • Newborn Babies: There are cases of babies being abandoned shortly after birth. Some are left in hospitals, while others are dropped off at unconventional places like public toilets, dump sites, bushes, and drainage systems. Occasionally, these babies are rescued by compassionate individuals, but sadly, some perish before help arrives.
  • New found love: some spouses abandon their homes and cling to their supposedly new found love while abandoning their spouses with the kids.

Despite the prevalence of abandonment witnessed amongst spouses in Nigeria It is a criminal offence for any person to abandon Wife or Husband, Children or Dependents without any means of sustenance or living.

According to Section 16 of the Violence Against Persons (Prohibition) Act 2015, (VAPP ACT) abandoning children/spouse or leaving them without a means of sustenance is a criminal act. Section 16 of the VAPP Act outlines penalties for abandoning children, spouses, and other dependents without means of sustenance.

Accomplices, usually friends and colleagues who encourage a party to abandon his family are not spared by the law. By the provisions of the law such persons are liable on conviction.

Furthermore, anyone who knowing that a party had committed any of the crimes as stipulated above lends any form of help in that regard is also liable on conviction.

Worthy of note is the fact that it is not enough that a party who intended to commit the crime of abandoning the spouse and children did not succeed in doing same. The fact that there was an attempt to abandon the spouse and/or the children (child) is enough to secure a conviction in court.

Section 16 of the VAAP Act is reproduced hereunder;

(1) A person who abandons a wife or husband, children or other dependent without any means of sustenance commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 years or to a fine not exceeding #500,000.00 or both

(2) A person who attempts to commit the act of violence provided for in subsection(1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding #200,000.00 or both

(3) A person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in subsection (1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding #200,000.00 or both

(4) A person who receives or assists another who, to his or her knowledge, committed the offence provided for in subsection (1) of this section is an accessory after the fact and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding #100,000.00 or both.

In addition to the above, Section 276 of the Lagos State Criminal Law 2011 provides thus;

Any person who being the parent, guardian or other person having the lawful care or charge of a child under the age of twelve years and being able to maintain such child, willfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of a misdemenour, and is liable to a fine One Hundred Thousand Naira without prejudice to the recovery of any cost any other person may have reasonably incurred with respect to the upkeep of the Child.

It is disheartening that child abandonment persists in the 21st-century Nigeria, but efforts are being made through legal frameworks and awareness campaigns to address this issue and protect vulnerable children.

It is also important to also state that abandonment does not only happen when both parties are married, in the case of spousal abandonment or a father abandoning his biological children. Abandonment also occurs when a man abandons his pregnant wife or partner/friend. Abandonment here covers failure to pay maternity pills. It is important to add that marriage is immaterial to this discussion, whether the pregnant person is married or not, does not matter. There is a law in Lagos State that makes the abandonment of a pregnant woman a crime.

In Lagos State, it is an offence for any person that impregnated a woman or girl to fail, refuse or neglect to amongst others contribute to maternity related costs from ante-natal to post-natal stages. Abandonment of a pregnant woman or girl includes physical and financial neglect during and after pregnancy, including refusal to provide necessary maternity care and finance.

Maternity-related costs include medical, food, and shelter expenses, determined by the woman’s means and resources, aiming to strike a balance and prevent financial seeking beyond the mother’s means. A person who fails to contribute to maternity costs, including ante-natal and post-natal stages, is punished with a fine of N45, 000.00, and the family and well-wishers can recover any fees or resources spent on the pregnant person.

We wish at this point to state that the VAAP ACT is now operational in Abuja, Anambra, Ebonyi and Oyo state.

References:

  1. Section 1, 2, 3, 279 and 420 Criminal law of Lagos State, 2011.
  2. https://sabilaw.org/abandonment-of-wife-husband-children-or-dependants-is-a-crime-daily-law-tips-tip-470-by-onyekachi-umah-esq-llm-aciarb-uk/
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