The Cybercrimes (Prohibition, Prevention, Etc.) Act of 2015 aims to provide a unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria. The Act also ensures the protection of critical national information infrastructure, and promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights.
Section 42 of the Act establishes a Cybercrime Advisory Council.
The council has five duties:
create an enabling environment for members to share knowledge, experience, intelligence and information on a regular basis;
formulate and provide general policy guidelines for the implementation of the provisions of the Act;
advise on measures to prevent and combat computer related offences, cybercrimes, threats to national cyberspace and other cyber security related issues;
establish a program to award grants to institutions of higher education to establish Cybersecurity Research Centres to support the development of new Cybersecurity defences, techniques and processes in the real-world environment; and
promote Graduate Traineeships in Cybersecurity and Computer and Network Security Research and Development.
In terms of section 45 of the Act, a court will grant a warrant for the search and seizure of any premises or computer system if the judge is satisfied that:
a. the warrant is sought to prevent the commission of an offence under this Act or to prevent the interference with investigative process under this Act; or
b. the warrant is for the purpose of investigating cybercrime, cyber security breach, computer related offences or obtaining electronic evidence; or
c. there are reasonable grounds for believing that the person or material on the premises may be relevant to the cybercrime or computer related offences under investigation; or
d. the person named in the warrant is preparing to commit an offence under this Act.