ADVANCE FEE FRAUD AND OTHER FRAUD RELATED OFFENCES ACT, 2006
Section 13: Duties of Telecommunication and Internet Service Providers and Internet Cafes.
(1) Notwithstanding the provisions of the Nigerian Communications Commission Act 2003 or the provisions of any other law or enactment, any person or entity who in the normal course of business provides telecommunications or internet services or is the owner or person in the management of any premises being used as a telephone or internet cafe or by whatever name called shall-
(a) be registered with the Economic and Financial Crimes Commission (in this Act referred to as "the Commission");
(b) maintain a register of all fixed line customers which shall be liable to inspection by any authorized officer of the Commission; and submit returns to the Commission on demand on the use of its facilities.
(2) Any person whose normal course of business involves the provision of non-fixed line or Global System of Mobile Communications (GSM) or is in the management of any such services, shall submit on demand to the Commission such data and information as are necessary or expedient for giving full effect to the performance of the functions of the Commission under this Act.
(3) Any person specified under subsection (1) and (2) of this section shall exercise the duty of care to ensure that his services and facilities are not utilized for unlawful activities.
(4) It shall be a valid defence for any provider of wire or electronic communication service, its officers, employees or agents or other specified persons for providing information or facilities to the Commission in any cause, matter or suit that the said provider, its officers, employees or agents or any other specified persons acted in compliance with the obligations imposed under this Act.
(5) Any person or entity who by virtue of subsections (1) and (2) of this section knows or ought to know that he should -
(a) be registered with the Commission, or
(b) furnish the Commission on demand, with the returns on the use of his service and facilities, or
(c) facilitate access to data and information by authorized employees or staff of the Commission, and fail to do so with intent to conceal or disguise the nature of his activities or the use of his services and facilities,
commits an offence and is liable on conviction to imprisonment for a term of not less than three years without an option of fine and in the case of a continuing offence, a fine of N50,000 for each day the offence persists.
(6) Any person or entity convicted more than once under this Act shall have his operational license revoked or cancelled.
Cite this section
Section 13, ADVANCE FEE FRAUD AND OTHER FRAUD RELATED OFFENCES ACT, 2006 (2006).
https://repo.podus.ai/laws/advance-fee-fraud-and-other-fraud-related-offences-act-2006/section/13/