The Cyber Security Expert Association of Nigeria (CSEAN) has
condemned the ongoing cybersquatting over the emergence of NigeriaAir, but
described the entire episode as a good test case for the Nigeria’s cyber crime
law, reports ITRealms.
CSEAN made this known to ITRealms through its president, Mr. Remi
Afon during a chat over the seemingly war among some Nigerian cybersquatters.
“I believe it’s a good test for the cybercrime law in
Nigeria,” he declared.
On the surface of it, Afon said it is perceived that a
cybercrime has been committed with the travails of the cyber squatters, insisting
that its only allegation until a court of competent jurisdiction determines the
case in line with the Cybercrime Act of 2015.
“This is just a mere allegation until the suspected
individual is brought before a court of law and charged with cybersquatting
offence,” he said.
According to him, the trail would be an interesting one as the
first time someone will be charged to court with such offence.
“And whatever outcome we get from the court will send a
strong signal to the society at large,” he pointed out.
Afon also stressed that in summary the cybercrime law is
subject to interpretation in terms of cybersquatting and it is up to the court
to give proper interpretation regarding this specific case.
ITRealms recalled that some
domain name registrants including Messrs Olumayowa Elegbede, Omo Naija Daada,
Peter Nwagbogu, and Philip Obin, may face 2-year jail term, N5m fine or both
each for suspected cybersquatting.
Noteworthy is that ITRealms reported Nigeriaair.ng
et al were registered by Olumayowa Elegbede; Flynigeriaair.ng was registered by
Omo Naija Daada on July 19, 2018; Flynigeriaair.com.ng was registered by Peter
Nwagbogu on July 20, 2018 and Flynigeriaair.com was registered by Philip Obin
on July 18, 2018.
Cybersquatting, ITRealms gathered, is the practice of registering names, especially well-known
company or brand names, as Internet domains, in the hope of reselling them at a
profit.
Investigations also by ITRealms revealed that the flynigeriaair.ng and
flynigeriaair.com.ng and flynigeriaair.com were all sold out, none has known
relationship with NigeriaAir or its operators, the Ethiopian Airline as at the
time of filing this report.
Further, ITRealms gathered that the Nigeria’s 2015 Cyber Crime
Act, stipulates on Section 25 tagged Cybersquatting that “Any
person who, intentionally takes or makes use of a name, business name,
trademark, domain name or other word or phrase registered, owned or in use by any
individual, body corporate or belonging to either the Federal, State or Local
Governments in Nigeria, on the internet or any other computer network, without
authority or right, and for the purpose of interfering with their use by the
owner, registrant or legitimate prior user, commits an offence under this Act
and shall be liable on conviction to imprisonment for a term of not more than 2
years or a fine of not more than N5,000,000.00 or to both fine and
imprisonment.
(2) In
awarding any penalty against an offender under this section, a court shall have
regard to the following --‐
(a) a
refusal by the offender to relinquish, upon formal request by the rightful
owner of the name, business name, trademark, domain name, or other word or
phrase registered, owned or in use by any individual, body corporate or
belonging to either the Federal, State or Local Governments in Nigeria; or
(b) an
attempt by the offender to obtain compensation in any form for the release to
the rightful owner for use of the name, business name, trademark, domain name
or other word or phrase registered, owned or in use by any individual, body
corporate or belonging to either the Federal, State or Local Government of
Nigeria.
(3) In addition to the penalty specified
under this section, the court may make an order directing the offender to
relinquish such registered name, mark, trademark, domain name, or other word or
phrase to the rightful owner.
Chuks Egbune/GEE
