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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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TUC proposes N2.5m threshold for personal income tax waiver

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The Trade Union Congress of Nigeria has called for an increase in the tax exemption threshold from N800,000 to N2.5m per annum to ease economic challenges faced by low-income earners.

The union stressed that this measure would increase disposable income, stimulate economic activity, and provide much-needed relief to workers and their families.

The president of the union, Festus Osifo, made the call in a statement on Tuesday.

He said, “We still have two items that we strongly believe should be reviewed in the tax bills that will immensely benefit Nigerians.

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“The threshold for tax exemptions should be increased from the current N800,000 per annum, as proposed in the bill, to N2,500,000 per annum. This will provide relief to struggling Nigerians within that income bracket, easing the excruciating economic challenges they face by increasing their disposable income.”

On the proposed transfer of royalty collection to the Nigeria Revenue Service, the TUC president warned of potential revenue losses and inefficiencies due to the lack of technical expertise in oil and gas operations within the NRS

He said, “The proposed bill assigning royalty collection to the Nigeria Revenue Service appears beneficial on the surface but would most likely result in significant revenue losses for the government. Royalty determination and reconciliation require specialised technical expertise in oil and gas operations, which NUPRC possesses but NRS lacks, potentially leading to inaccurate assessments and enforcement issues.

“Additionally, this shift would create regulatory burdens, increase compliance costs for industry players, and reduce investor confidence due to overlapping functions and inefficiencies between NUPRC and NRS.”

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Osifo reiterated that allowing the VAT rate to remain at 7.5 percent was the best for the country.

“Allowing the Value Added Tax rate to remain at 7.5% is in the best interest of the nation, as increasing it would place an additional financial burden on Nigerians, many of whom are already struggling with economic challenges.

“At a time when inflation, unemployment, and the cost of living are rising, imposing higher taxes would further strain households and businesses, potentially slowing economic growth and reducing consumer purchasing power,” Osifo said.

Osifo noted that the union welcomed the inclusion of a derivation component in VAT distribution among the three tiers of government, describing it as a step toward reducing dependence on oil revenues and encouraging sub-national productivity.

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He said, “On a general perspective, we welcome the inclusion of a derivation component in the Value Added Tax distribution amongst the three tiers of government. When passed into law and properly implemented, it will encourage productivity at the sub-national level, thereby moving us gradually from a total rent-seeking economy to a derivation-based system that will stimulate economic activities.”

The TUC president said the continued existence of the Tertiary Education Trust Fund and the National Agency for Science and Engineering Infrastructure would bring about progress to the nation’s education as well as engender economic development in the country.

He said, “It is also good to note that both TETFUND and NASENI will remain a going concern, as these institutions have greatly impacted the country through their respective mandates. Both have respectively been instrumental in improving our tertiary education and the adoption of homegrown technologies to enhance national productivity and self-reliance. Their continued existence is vital for sustaining progress in education, technology, and economic development across the country.”

However, the union president urged the Federal Government to adopt equitable tax policies that prioritise the welfare of citizens.

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He said, “ While we deeply appreciate the Federal Government’s efforts to listen and adjust to our advocacy, we still advocate that the above concerns be considered and adopted in the Tax Reform Bill, they will be highly beneficial to the Government and Nigerian populace.

“The Trade Union Congress of Nigeria has a shared responsibility to promote policies that improve the lives of Nigerians amongst whom are workers. We believe that proactive measures, when implemented, are for the maximum good of the citizens and are evidence of great and sincere leadership. As the conversations around the Tax Reform Bill continue, it is our expectation that the focus would be equitable economic growth and improved living conditions for all Nigerians.”

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C’River Assembly proposes 50 appointees for LG chairmen

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The Cross River State House of Assembly has commenced the process of amending the Local Government Law 2007.

The proposed amendment seeks to increase political appointments across the local government areas.

Sponsored by the lawmaker representing Abi State Constituency, Davies Etta,on Tuesday in Calabar, the bill proposed to raise the number of appointees in each LGA to 50, including 16 Special Adviser positions and the creation of a new cadre of officials known as Ward Relation Officers.

The bill proposes that “The Chairman of Council may appoint such number of Special Advisers to assist him in the discharge of his duties, provided that appointments, when added to other statutory appointments, shall not exceed a total number of 50.”

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According to the provisions of the amended law, Ward Relation Officers will hold ranks equivalent to Special Advisers and will report directly to the LG chairman of the respective local government areas.

The lawmaker explained that initiative aims to enhance grassroots engagement and governance at the ward level.

The bill also seeks to elevate the office of the Head of Local Government Administration to the status of a Permanent Secretary in the state public service.

It proposed that“The office of the HOLGA shall be equivalent to the Office of a Permanent Secretary of the State Public Service and shall enjoy all rights and privileges of the Permanent Secretary, including pensions.”

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Additionally, the amendment stipulated that appointments to the position of HOLGA must not be made from outside the local government service of the state.

The bill, which has already passed its first and second readings in the House, has been referred to the Joint Committee on Local Government Affairs, Judiciary, and Public Accounts for further deliberations and stakeholders’ inputs.

Speaking on the bill, the Speaker of the Cross River State House of Assembly, Elvert Ayambem, said it aimed to strengthen local government administration by fostering inclusivity and empowering grassroots leaders to contribute more effectively to governance.

“This amendment is about bridging the gap between local governments and the people by making governance more accessible and impactful,” he stated.

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Meanwhile, the Assembly, on Tuesday, urged the Ministry of Environment and relevant animal control agencies to address the issue of unrestrained domestic animals within the Calabar metropolis.

The House emphasised the need for owners to take responsibility for restraining their animals to prevent them from roaming the streets.

This resolution followed a motion presented by Ovat Agbor, representing Obubra 1 State Constituency.

Agbor called for the sanitisation of the city, lamenting that stray animals such as goats, sheep, and cattle pose a nuisance by littering streets, destroying gardens, and defacing greenery intended to beautify the state.

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Agbor also highlighted the dangers posed by stray animals, citing a recent incident where a stray dog attacked a schoolboy, inflicting severe injuries.

He stressed that it is the owners’ responsibility to care for and confine their animals.

Hillary Bisong, representing Boki 2 State Constituency, supported the motion, and described the trend as detrimental to the state’s tourism potential.

Other lawmakers echoed similar concerns and urged swift action to control the situation.

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In his remarks, the Speaker described the motion as timely and reaffirmed the House’s commitment to maintaining Calabar’s status as Nigeria’s cleanest city.

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Court denies El-Rufai’s ex-Chief of Staff Saidu bail

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A Federal high court in Kaduna State has rejected a bail request from Bashir Saidu, who served as chief of staff and Finance Commissioner under former Governor Nasir El-Rufai.

Police arrested Saidu on January 2nd, 2025, moving him to the Kaduna correctional centre. He faces 10 charges of money laundering, embezzlement, and stealing public funds from the Kaduna State Government.

According to Channels TV report, when Saidu appeared before Justice Isa Aliyu on Tuesday, he denied all charges. The prosecution claims Saidu sold $45 million of state funds at N410 per dollar instead of the market rate of N498, causing the government to lose N3.9 billion. They say this happened in 2022 while he managed Kaduna’s finances under El-Rufai. Prosecutors argue Saidu laundered this N3.9 billion difference, breaking Section 18 of the Money Laundering Act 2022.

Saidu’s lawyer, M I Abubakar, pressed for bail, noting his client had spent 21 days in custody. But prosecutor Professor Nasiru Aliyu fought back, saying the law gives prosecutors seven days to answer bail requests.

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Justice Aliyu agreed with the prosecution, granting them time to respond. The court will hear the bail application on January 23rd, 2025.

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