We Hold Your Brief
Dear Counsel, I need your advice urgently. I have been operating a cyber café, in a fairly large premises I rented. Initially, some of my friends did not believe the idea of opening a cyber café in an area where there were already existing outfits, would pay off. But with the assistance of my elder brother who is based in Sweden, I was able to get the state of the art equipment that I needed, to be ahead of other cyber cafes in the area, including a standby generator.
To the envy of other operators, my cyber café has been a beehive of activities as young people, especially students, flood my place and take turns to browse.
My worry now, is the constant visits I have been receiving, from law enforcement agents including the Police, and those who claim to be ‘Task- Force’ officers. Each time they come, they allege that my business centre is used for 419 and other fraudulent activities. They have, so far, not been able to substantiate their allegations. But I have suffered on each occasion, as I had to close temporarily and follow them to the Station. Sometimes I lose days of work and revenue, and they collect money from me, before they allow me to reopen. What is the legal basis, of this kind of action by law enforcement agents? I pay my fees to the Local Government Council, and I also pay all necessary taxes. I don’t know what to do. Kindly advice. J.A. O. Gowon Estate Egbeda
Dear J.A.O., The activities of law enforcement agents in monitor- ing such outfits as yours, is legal to the extent that they move to close cyber cafes that are not registered by the EFCC, Nigerian Communications Commission, or any other specified State or Federal Regulatory Agency. The recent onslaught of the EFCC and the Police Anti-Fraud Unit against scammers and unscrupulous persons, is the justification for this.
The image of the country has received unwarranted battering, on account of the activities of these fraudsters.
This explains why the Federal Government enacted the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
Part II of the law deals with Electronic Telecommunication Offences, etc. Section 12 and especially Section 13, make very clear provisions on the operation of cyber cafes and other related businesses. Section 13 (1) states ‘Notwithstanding the provisions of the Nigerian Communications CommissionAct 2003 or the provisions of any other law or enactment, any person or entity who in the normal course of business provides telecommunications or internet services or is the owner or person in the management of any premises being used as a telephone or internet cafe or by whatever name called shall- (a) be registered with the Economic and Financial Crimes Commission (in this Act referred to as "the Commission"); (b) maintain a register of all fixed line customers which shall be liable to inspection by any authorised officer of the
Commission; and submit returns to the Commission on demand on the use of its facilities.’
So, the first step you must take under the law, is to register with the EFCC as provided. This will protect you from further harassment by law enforcement agents, provided you operate according to their rules.