Theme 1: Function of Office

In order to analyse this theme, the organisations were divided into their sector (See Table 7.1) based on their enabling laws, mandate and primary purpose of existence. The Function of the office was, thus, divided into five distinct sectors namely:

1. Law Enforcement 2. National Coordinator 3. Legislation

4. Telecommunications Regulator 5. ICT Regulator.

Figure 7.5 shows the themes and the emergent outcomes

165 Figure 7.5: Theme 1: Function of Office & Sub-Themes

30 of the participants came from the law enforcement constituents from both the UK and Nigeria. All participants were asked what roles their respective organisations played in investigating and tackling cybercrime within their jurisdictions and in conformity with the mandate establishing them. Therefore, ‘Theme 1: Function of Office’ was analysed based on participants’ answers provided.

The Law Enforcement members that participated in the research gave their answers by reflecting on the overall mandate of their organisation which was to fight crime and criminality in society and enforce relevant laws in tackling the menace of cybercrime.

the mandate of the EFCC is to investigate economic all economic and financial

crimes…….that it means what it means is that economic and financial crimes can come in so many forms and we see cybercrime one of those crimes that falls within EFCCs mandates.

Because if you look at financial crimes in this day is there have now gone digital more or less and we have the duty again by law to enforce the Advance Fee Fraud Act. And we have seen a shift from the local traditional ways fraudsters do conduct their fraudulent

activities.(Participant 1, Cybercrime Investigator, 30/08/16).

This response was coded or repeated 28 times by most of the participant by stating that the primary role of their organisations was to fight economic and financial crimes and serious and organised crimes respectively. Each of their responses was reflective of the departmental role each of their unit or section played. 5 participants from the Legal department all

commented on the function of their office from the perspective of the relevant section of the laws that empowered them to prosecute cybercrime.

The role that EFCC plays is as contained in section 13(2) of the Economic and Financial Crimes Commission Act 2004 as amended and is we prosecute offenders, we recover assets, we forfeit assets and we give legal advice and any other legal duties as it may be assigned to us.(Participant 25, Cybercrime Prosecutor, 17/08/16).

THEME 1: FUNCTION OF OFFICE

LAW ENFORCEMENT

ICT REGULATOR

TELECOMMUNICATIONS REGULATOR LEGISLATION/PARLIAMENT

NATIONAL COORDINATOR

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The Office of the National Coordinator of the Cybercrime Advisory Council who is responsible for the enforcement of all cybercrime laws and policies, however, had a broad and encompassing mandate:

the provision of part 4 section 41 its says that the office of the National Security Advisor shall be the coordinating body for all security and enforcement agencies under this Act, its talking about the cybercrime Act. One, the main thing the Office of the National Security Advisor here is doing is to coordinate the cybercrime, the enforcement of the cybercrime Act both for the security and law enforcement agencies. (Participant 29, National Coordinator, 24/08/16).

This response was only coded once as there was only one participant from Organisation B who was interviewed. The response further shows that the office is equally the responsible for other mandates such as:

The provision (a) states provide support to all relevant security, intelligence, law enforcement agencies and military services to prevent and combat cybercrimes in Nigeria. The (b) states ensure formulation and effective implementation of a comprehensive cyber security strategy and a national cyber security policy for Nigeria. (Participant 29, National Coordinator, 24/08/16).

The response from the legislative arm of the Nigerian government and a member of the Senate Committee on ICT & Cybercrime was different from other responses as the function of the National Assembly is strictly for making laws and oversight functions of Ministries, Department and Agencies in Nigeria.

The only role we play is for us to give an enabling law to allow the agencies that are handling cybercrime to have a backing and another law and when they law are there and there are people that commit these crimes so that they can be punished, that is the first assignment of the National Assembly. And then most people in this country do not even know that there is a law on cybercrime, though the law we are trying to re-enact and re-amend it and which it has already passed through the first reading and it is awaiting the second reading because of the situation we have all over the world, the dimension of cybercrime is taken.(Participant 30, Senator, ICT & Cybercrime, 31/05/17).

The response from the Telecommunications Regulator in Nigeria was specific to its mandate in regulating users and providers of internet and telecommunication services. This response was only coded once as only one participant participated in the research study.

Well to start with NCCs mandate has to do with coming up with policy issues, regulations and guidelines to the telecommunications industry in respect to aspects that have to do with cybercrimes and cybersecurity in Nigeria. In doing that, NCC works with other stakeholders and relevant agencies and law enforcement agencies. (Participant 32, Telecoms Regulator, 13/06/17).

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The response from the ICT Regulator in Nigeria was equally specific to its mandate in regulating the use of ICT in Nigeria. The response was only coded once as one participant participated in the research study.

the department of Cybersecurity in NITDA was established about a few months ago. It is in response to the burning issue of cybersecurity and threats to national sovereignty and

economic wellbeing of a country and with the prevalent issues of cybercrime being committed everywhere, it behoves on the current administration of NITDA that for us to be able to address this issues effectively there should be a department to handle that, so that was how the department of cybersecurity was born in NITDA. (Participant 31, ICT Regulator, 05/06/17).