Lawmaker, activist question basis of establishing Cybercrime court

Author: Moyo Jacob | Published: Wednesday, September 28, 2022

Dr. Richard K. Mulla, a member of Transitional Legislature Assembly and also a constitution lawyer and former Federal Affiarrs Minister - Courtesy

A lawmaker and digital rights activist have questioned the basis for introducing the Cybercrime and Computer Misuse Law.

On Monday, the Ministry of Justice launched a legal court to crack down on crimes committed through computers and the internet.

It will also adjudicate cases related to the 35 crimes which include Unauthorized Data Transition, human and drug trafficking, computer hacking, espionage, economic sabotage, cyber terrorism, and sexual offense communication.

Others include publication of false information and indecent content, impersonation and other identity-related offenses as well as disclosure of passwords, among others.

However, Dr. Richard K Mulla questions the basis of establishing the court

“The reason why it was introduced must have been considered seriously. Crimes must of course be countered and how you counter crime making is by establishing courts,” Dr. Richard told Eye Radio.

“Whatever brings crimes into check or under control, then it is welcomed.”

According to Kenyi Yasin Abdallah, a Digital Rights Consultant says the court will contradict the national laws due to a lack of judicial oversight to obtain orders prior to gaining access to personal data and records.

“The reason why it will contradict our law is that that kind of court will lack judicial oversight such as the requirement to get court orders prior to gaining access to personal data and records,” said Yasin.

“It [court] will be misused to benefit the government in the case where data of targeted individuals who may be government critics is accessed or received under compulsion by the state or its agent,

“We can recommend for them to provide a court order under sections 91 and 92 for them to access personal data and records by the state investigating authority.”

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