Section 55: Expedited preservation of computer data

1 Nigeria may be requested to expedite the preservation of electronic device or data stored in a computer system or network, referring to crimes described under this Act or any other enactment, pursuant to the submission of a request for assistance for search, seizure and disclosure of those data.

2 The request under subsection (1) of this section shall specify-
a the authority requesting the preservation or disclosure;
b the offence being investigated or prosecuted, as well as a brief statement of the facts relating thereto;
c the electronic device or computer data to be retained and its relation to the offence;
d all the available information to identify the person responsible for the electronic device or data or the location of the computer system;
e the necessity of the measure of preservation, and
f the intention to submit a request for assistance for search, seizure and disclosure of the data.

3 In executing the demand of a foreign authority under the preceding sections, the Attorney-General of the Federation may order any person who has the control or availability of such data, including a service provider, to preserve them or turn them in for proper preservation by an appropriate authority or person.

4 Without prejudice to the provisions of subsection (3) of this section, the preservation may also be requested by any law enforcement agency, with responsibility for enforcing any of the provisions of this Act, pursuant to an order of court, which order may be obtained ex parte where there is urgency or danger in delay.

5 Where a court grants an order, pursuant to the provisions of subsection (4) of this section, such order shall indicate-
a the nature of the evidence;
b their origin and destination, if known; and
c the period of time which shall not exceed 90 days over which data shall be preserved.

6 In compliance with the preservation order, any person who has the control or availability of such data, including a service provider, shall immediately preserve the data for the specified period of time, protecting and maintaining its integrity.

7 A request for expedited preservation of electronic evidence or data may be refused if there are reasonable grounds to believe that the execution of a request for legal assistance for subsequent search, seizure and release of such data would be denied.