Reps move to regulate police powers to track phone calls - GUARDIAN

Published: Wednesday, 23 October 2013 22:29

Written by From Terhemba Daka, Abuja

THE House of Representatives Wednesday passed for second reading a Bill which sought to regulate how the Police and other security agencies in the country could track and monitor telephone and internet communications involving suspected terrorists in Nigeria.
 The consolidated Bill was sponsored by House Minority leader, Femi Gbajabiamila (APC, Lagos), Nkem Abonta (PDP, Abia), Rotimi Makinde (APC, Lagos) and Dakuku Peterside (PDP, Rivers).
  The proposed piece of legislation is titled:  “A bill for an act to amend the Nigerian Communications Commission Act, 2003 to regulate the police and security agencies to track, intercept, monitor conversation, text messages and internet communications involving suspected terrorists criminals and other related matters; a bill for an act to amend the Nigerian Communications Commission Act, cap N97, Laws of the Federation of Nigeria, 2004 to provide automatic access to the database of all subscribers to the Nigerian police and other security agencies and for other related matters and a bill for an Act requiring telecommunications facilities to facilitate the lawful interception of information transmitted by means of those facilities and respecting the provision of telecommunications subscriber information and for other matters connected therewith”
  Leading the debate on the Bill, Gbajabiamila submitted that indiscriminate and unlawful access to telephone and internet communications made by Nigerians without their consent or public knowledge contradicts the provision of Section 37 of the 1999 constitution (as amended) which states that  “right to telephone conversations and telegraphic communications is hereby private and guaranteed and protected” hence, the need to amend the NCC Act to regulate access to communication data of suspected citizens or terrorists.
  He argued that section 45 of the 1999 constitution on the other hand provides that such right to communication privacy can only be abridged through a law vis-à-vis an act of parliament and not through a presidential fiat.
  The lawmaker further argued that in order to avert indiscriminate abuse of this proposed regulation vis-à-vis citizen’s fundamental human right, the security agencies would only be lawfully granted access to telephone and internet conversation of citizens or suspected terrorists after getting a court order upon application for such data.
  “Furthermore, the security agency must produce evidence of such communication details gathered to the court within 30 days after the initial court order. This caveat is expected to also prevent the Snowden spy controversy and ensure there is no abuse of innocent citizen’s rights in the cause of tracking communication among suspected terrorists”.
 Makinde argued that there was need to empower the police to effectively regulate and monitor criminal activities perpetrated through the phone.
  Abonta contended that though the privacy of citizens was paramount, public interest and security cannot be wished away hence the imperative of the bill.
  Others who supported the bill were Abike Dabiri-Erewa (APC, Lagos), Bitrus Kaze (PDP, Plateau) Emmanuel Jime (PDP, Benue), Benjamin Aboho (PDP, Benue) Leo Ogor (PDP, Delta), Pally Iriase (APC, Edo), Raphael Nnana Ugokwe (PDP, Imo), Sadiq Asema (PDP, Kogi), Aminu Shehu Shagari (PDP, Sokoto), Nkiruka Onyejocha (PDP, Abia), Sadiq Asema, Hassan El-Badawi, Ken Chikere and Bimbo Daramola (APC, Ekiti).
  However, Zakari Mohammed (PDP, Kwara), Nnena Ukeje (PDP, Abia), Ossai Ossai (PDP, Delta), Asita Honourable (PDP, Rivers) and Robinson Uwak (PDP, Akwa Ibom) cautioned that there must be provisions in the bill to check abuse by the security agencies.