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Cybercrime Act: Reps Direct NSA, CBN To Carryout Further Enlightenment on Levy

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By Gloria Ikibah

The House of Representatives has moved a motion directing the Central Bank of Nigeria and Office of National Security Adviser to cause further enlightenment on the Cyber Crimes Act and implementation of the 0.5% (0.005) levy, correct the wrong perception on the implementation of the Cybercrimes Act been circulated in the social media.

This was sequel to a motion of urgent public importance by the House Minority Leader, Rep. Kingsley Chinda and seven (7) other lawmakers on the “Urgent Need To Correct The Wrong Perception Of The House Of Representatives Position On Implementation Of The Cybercrimes Act”, on Tuesday at plenary.

 

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Debating the motion Rep. Chinda noted that on 9th May 2024, the House considered a joint motion on the implementation of the Cybercrimes (Prohibition and Prevention) Act, 2015 as amended in 2024 and resolved to direct the Central Bank of Nigeria (CBN) to withdraw the ambiguous circular of 6th May 2024 and in its place issue an unambiguous and unequivocal circular in line with the letters and spirit of the law and directed the House Committees on Banking Regulations and Ancillary Institutions to guide the CBN properly.

But the Minority Leader stated that the media space was awash with the wrong impression that the House of Representatives was against a Law passed by Her, which impression painted the House in bad light.

He said: “Cognizant that the world is a global village and with the internet-of-things, crime is moving from meat space (real or physical world) to cyber space without the physical limitations of boundaries.

“Further cognizant that cybercrime is more devastating and can cripple a nation easier that the conventional crime in the physical space.

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“Aware the humongous cost expanded on security and the very likely limitations of funding cyber space security by government.

“Further aware that some establishments carry out their businesses within the cyber space and make profits therefrom.

“Also aware that the Cybercrimes Act imposes a levy of 0.05% (0.005) on some establishments enumerated in the second schedule to the Act, that occupy the cyberspace; do business therein and make profit therefrom”.

Rep. Chinda stated that the letter and spirit of the Law as crafted by the Parliament is not only commendable but in tune with contemporary trend and supportive of the global fight against Cyber Crime.

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He further noted that the levy does not apply to ordinary Nigerians but only to the establishments listed in the second schedule to the Act, which includes; GSM Service providers and all telecommunication companies; Internet Service Providers; Banks and other Financial Institutions; Insurance Companies; and Nigerian Stock Exchange.

“Order 20, Rule 93 (2) (b) of the House Rules provides that ‘in the event of joint oversight on issues relating to cybersecurity, the Committee on National Security and Intelligence shall work with the Committee on Digital and Information Technology. In such cases, the Committee on National Security and Intelligence shall be the lead Committee”, he added.

Explaining further he said: “Our role is to make Law and once there is an attempt to abuse the law that we made, it is necessary that we take a clear decision and that is what I have called on us to do today. Now, if in cause of implementation, we find out that the implementers, that is, the executive arm, are abusing it, we come back to amend it. But we can not at this stage amend by way of motion.

All we are doing is to caution the executive arm. This side, the content of the law we made, in cause of execution, does not task Nigerians directly or indirectly. If we find out that there are indirect taxes, it is justified for us to come back here and amend the law and see how we can improve on what we have done. Therefore, all we are doing today is to continue to enlighten Nigerians because a lot of them are still not aware that this law does not apply to you, but those who are making profit from the cyber space”.

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“If the people feel otherwise, it is our duty to came back and amend that portion if possible remove it”.

In his ruling the presiding officer who is the Deputy Speaker, Benjamin Kalu stated: “Bybthis it means that the House of Representatives is standing bybthe law it made on the Cyber Security. We are standing in the government that is interested in ensuring that we are protected on what we can see with our physical eyes and what happens within the Cyber Space.

“That have shown the support that citizens of the country should not be taxed”.

The House through a voice vote unanimously adopted the motion and mandated the House Committees on National Security and Intelligence, Digital and Information Technology, Justice, Digital Economy, and Electronic Banking to superintend over the implementation of the House resolution of 9th May 2024 on the Cybersecurity Levy, with the committee on National Security and Intelligence as the lead the committee.

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Unpaid Commission: Businessman Sues FCMB, Demands $60,206.66

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A businessman, Michael Ogbole, has sued First City Monument Bank at a Lagos State High Court in Lagos, demanding $60,206.66 as unpaid commission for allegedly facilitating a multi-million-dollar transaction with a United States-based company, Sky Enterprise LLC.

Ogbole, in the suit, filed by Falana & Falana Chambers accususe FCMB of circumventing him in the deal.

The claimant alleged on June 2, 2016, he met with FCMB’s Group General Manager and Chief Executive Officer, Ladi Balogun, to discuss how he could help the bank secure finance from Sky Enterprise, a Florida-based firm specialising in trade finance, risk, and debt management.

Following their discussion, Balogun allegedly directed him to contact FCMB’s Treasurer, Gerald Ikem, who introduced him to Nomso Ezenta, head of Structured Funding and Correspondent Banking, to coordinate the transaction.

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The businessman said on September 2, 2016, he arranged a meeting between Sky Enterprise’s Global Director for Africa, Yinka Akinlabi, and FCMB at the bank’s headquarters to structure the deal.

The claimant said those present were top FCMB executives. After the meeting, the parties exchanged emails and phone calls to finalise the transaction.

However, in February 2021, the businessman discovered FCMB went ahead with the deal through Sky British, a subsidiary of Sky Enterprise, without his involvement.

He claims this was confirmed by FCMB’s Annual Report and Financial Statements of December 31, 2020.

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In a letter of October 12, 2021, the businessman demanded $60,206.66, representing one per cent commission on the $6,020,660, facility secured by FCMB from Sky British. After FCMB failed to respond, another demand letter was sent on January 19, 2022. Despite these efforts, the businessman claimed FCMB has refused to pay.

FCMB, through its lawyer, Wale Olawoyin, said the suit lacks merit, admitting that in 2016, Ladi Balogun was approached by the claimant, claiming he can broker dollar loans for banks.

Subsequently, the bank said the claimant, through phone conversations, emails, and two meetings, held discussions with other FCMB executives.

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How female POS operator facilitated ₦4 million kidnap ransom for ₦40,000

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The Delta State Police Command has revealed details of how a female Point of Sale (POS) operator received ₦4 million as ransom payment on behalf of kidnappers, pocketing a meagre ₦40,000 for her involvement.

Police spokesperson, SP Bright Edafe, issued a public warning on Thursday, advising POS operators to steer clear of high-value transactions, especially those linked to criminal activities like ransom payments.

In a message shared on social media, Edafe explained that accepting payments above ₦500,000 could put operators at risk of severe legal consequences.

He pointed to the alarming case of the female operator, cautioning others that participating in such deals could lead to imprisonment before any legal defence can secure their release.

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“You may think it’s just business,” Edafe said, “but you might find yourself cooling off in prison before your lawyer steps in.”

The police urged POS operators to remain vigilant, avoid being exploited by criminals, and adhere to transaction limits while reporting any suspicious activities.

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House Of Reps Calls For Nigeria’s Exit From OPEC Over Petrol Price Hike

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The Labour Party lawmaker Ozodinobi made the call at the House floor while supporting the motion raised during the House plenary on Wednesday by the House Minority Leader, Kingley Chinda of the Peoples Democratic Party (PDP), Rivers State.

A House of Representatives member representing Njikoka/Anaocha/Dunukofia Federal Constituency, George Ibezimako Ozodinobi, has called for Nigeria’s exit from the Organisation of Petroleum Exporting Countries.

The Labour Party lawmaker Ozodinobi made the call at the House floor while supporting the motion raised during the House plenary on Wednesday by the House Minority Leader, Kingley Chinda of the Peoples Democratic Party (PDP), Rivers State.

The lawmakers had in the motion called on President Bola Tinubu’s government to reverse the recent hikes in the prices of Premium Motor Spirit, popularly known as petrol and liquified petroleum gas (LPG), commonly known as cooking gas.

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The lawmaker said it was high time the Nigerian government pushed aside the international standard of selling crude oil.

It urged the government to sell crude oil to Dangote Refinery at a reduced foreign exchange rate.

According to him, President Bola Tinubu’s administration recently approved N70,000 new national minimum wage for Nigerian workers but the current increase in prices of petrol and food items have made the minimum wage meaningless to the extent that N70,000 does not last the earners three days.

Ozodinobi said, “I want to draw the attention of all of us that in the recent past, the federal government gave a minimum wage of N70,000 per month, and just a week or two ago, there was an increase of fuel price.

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“I’m telling you from personal experience, my driver, I approved his transport of N3,000 transportation a day, has come up with the bill of N6,000 transportation just to come to work.

“All these things are affecting the entire state of our people. We cannot transport food from our constituencies or our constituents cannot transport their produce from the farm to markets with a much lesser cost.

“The increase of food prices in this country, somebody who is earning N70,000 per month, his N70,000 cannot last him for three days in this country, in the same government, the same policy.

“I want to thank God for the life of Aliko Dangote who has through other investors, come up with a refinery. I want us to pressurise the government, because not all countries that produce petroleum are in OPEC.”

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According to him, “We need to review our OPEC policy. We mustn’t be in OPEC because the only thing that will solve this problem of petroleum increase is to use what we have to solve our problem.

“In other words, I’m advocating that the NNPCL (Nigerian National Petroleum Company Limited), the government should, as a matter of policy, sell the crude oil we produce to Dangote at a reduced foreign exchange because their hands are tied, we will have to review the policies we have with OPEC. We mustn’t be there.

“We have crude oil. Dangote must be given our crude oil at a reduced foreign exchange, not on international standard.”

SaharaReporters had reported that the House of Representatives while calling President Tinubu’s government to reverse the increased fuel and gas prices, emphasised the need for urgent interventions, such as price relief, tax reductions, or subsidies, particularly to alleviate the burden on low-income households.

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The lawmakers noted that Nigeria’s dependence on petroleum products and cooking gas as primary energy sources has made the recent price increases unbearable for ordinary Nigerians.

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