Feature/OPED
Refugee Day 2022: Between War, Natural Disaster Made Refugees and Government Failures Induced Refugees
By Jerome-Mario Chijioke Utomi
It is no longer news that the world on Monday, June 20 celebrated the annual event tagged Refugee Day, an international day organized every year by the United Nations to among other aims celebrate and honour refugees from around the world. It is equally common knowledge that the day was first established on June 20, 2001, in recognition of the 50th anniversary of the 1951 Convention relating to the status of refugees.
However, as the world celebrated, what is in some way newsy is that while over 100 million people worldwide going by reports, find themselves displaced by wars, natural disasters and other forms of hostilities and unable to return home, and other refugees were forced to flee their homelands at a moment’s notice, with little more than the clothes on their backs, there were even a larger number of people in today’s world and Nigeria in particular that unmindful of the fact that they have fallen into this troubling refugee bracket/category, not as a result of war as currently witnessed in countries such as Ukraine, Sudan, Afghanistan, and other areas currently faced with a violent crisis or natural disaster-induced displacement. But as a result of factors that has to do with the government’s failure to adhere strictly to the dictates of the global call for the implementation of the right to adequate housing which of course, is both a human right and one of the basic needs of a man borne out of a desire for security, privacy and protection from negative impacts of the environment.
Take Nigeria’s case as an example, separate from powerful statistics which made it abundantly clear that Nigeria is currently faced with over 17 million housing deficit and may require about 700,000 new houses annually to close the gap, a September 2019 report findings and recommendations on Nigeria’s housing challenge/deficit by Ms Leilani Farha, Special Rapporteur on adequate housing, made shocking revelations that every Nigerian of goodwill should be worried about. The report glaringly supports the belief in some quarters that we are not only casualties of housing deficit, but rather, in an applied sense, the majority of Nigerians even with roofs over their heads, still qualify as refugees in their home country.
The report, which has a goal of assessing, the housing conditions of people in Nigeria using international human rights law and standards, and to determine if governments are meeting their obligations in this regard, was based on housing-related data, laws, jurisprudence and policies in several communities in three major urban centres: Abuja, Lagos and Port Harcourt and focused on vulnerable populations whose rights are most precarious,
It did confirm what has been on the minds of Nigerians as it describes the conditions met in the informal settlements visited as inhumane and an assault on human dignity.
That was not the only sad commentary.
The report also confirmed the following; one, that economic inequality has reached extreme levels in Nigeria. Secondly, Nigeria’s housing sector is in a complete crisis and there is no current national housing action plan or strategy. Thirdly, coordination and communication between federal and state governments seem lacking and private market housing is unaffordable for most, rental housing is scarce, requires tenants to have one to two years’ rent in advance and there are no rent control or caps.
The report further established that in Nigeria, as in many other countries, real estate is used as a convenient place to launder corrupt money, park excess capital and as a means of financial security for the wealthy.
Leilani also remarked that the Nigerian government does not fully appreciate the nature and extent of the crisis on their hands, noting that internally displaced persons living in an informal settlement in the Federal Capital Territory live in appalling conditions. With over a hundred children attending a tiny, overcrowded one-room school run with little resources by an NGO despite living half an hour drive away from Abuja’s city centre and the Federal Ministry of Education.
This inequality underlined by the report was widely attributed to several factors, including corruption and mismanagement of public funds and a failure to implement just tax policies, whereby low-income earners pay disproportionately more taxes than do high-earning corporations. Less than 6 per cent of registered corporate taxpayers are active, and only between 15-40% of the Value-Added Tax (VAT) is collected.
Separate from the report’s expression of concern that state governments routinely ignore the rule of law in right to housing cases, what is in some ways an even more troubling manifestation of how seriously off track successive administrations have taken us as a nation, is the report’s remark that Nigeria is blessed as one of the largest economies in the world, just behind Norway and well ahead of countries like Singapore and Malaysia-and considered as one of the fastest-growing economies in the world, albeit, reliant on the precarious oil market.
Yet, unable to meet the standard as set under international human rights law, which demands that states should spend the maximum of available resources toward the progressive realization of economic, social and cultural rights including the right to housing-this includes collecting and imposing taxes and developing mechanisms to prevent corrupt money from landing in residential real estate or other assets domestically or internationally.
This disgraceful treatment suffered by the vast majority of the vulnerable Nigerians in the hands of their leaders has created not just deep resentment and hurt the feelings of the nation but rendered all her citizens outside the government circle (corridors of power) as refugees.
Consider this example reported in-depth in the report.
There is a consensus that the legal framework for land administration, especially the Land Use Act (LUA), is exacerbating the pressures on the housing sector. The manner in which the LUA has been used has resulted in severe consequences for the enjoyment of the right to housing. The LUA vests State Governors with significant management and administrative power. Governors can grant rights of occupancy and also revoke them based on an “overriding “public purpose”. ‘I received many reports of Governors abusing their land administration powers, including granting occupancy rights to family members and friends; defining public purpose in a manner that results in forced evictions of impoverished communities inconsistent with international human rights law, including for luxury developments that often stand vacant – unsold or unused. The LUA also makes land title registration cumbersome and extremely onerous to perfect.’
The report observed something else.
None of the homes visited had running water, boreholes or portable water, thus most families have to pay high prices to access household and drinking water. Those who could not afford fresh water were using contaminated floodwater, resulting in cholera and other health issues. ‘I saw a few houses with latrines.
According to UNICEF, diarrhoea kills more than 70,000 children under five years old annually in Nigeria, most of it caused by poor access to adequate water, sanitation and hygiene. Nearly one-quarter of Nigerians defecate in the open,’ the report stated.
Going by the above, it may, in my view, be said that; there may be a sincere desire by the government to develop the political and socio-economic situations in the country.
However, it may also be thought audacious to talk of creating a better society without the government; whether state or federal, studying this report. Government must in addition tackle the problems of a battered economy arising from corruption, social vices, decayed institutions and homelessness. This must be done not for political reasons but for the survival of our democracy and nation.
Utomi is the Program Coordinator (Media and Policy) for Social and Economic Justice Advocacy (SEJA), Lagos. He can be reached via [email protected]/08032725374
Feature/OPED
AI and Cybercrime in Nigeria: Can Weak Laws Support Strong Technology?
By Nafisat Damisa
Introduction
The proliferation of generative AI has transformed Nigeria’s cybercrime landscape, enabling deepfake fraud, automated social engineering, and AI-enhanced phishing at scale. In early 2024, scammers using AI-generated deepfake videos impersonating a company’s CFO defrauded a Hong Kong finance worker of $25.6 million. As similar threats emerge in Nigeria’s fintech sector, this article examines whether the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 (as amended 2024) is legally adequate, or whether Nigeria’s evidentiary and accountability frameworks are too weak to support effective prosecution of AI-driven cybercrime
Current Legal Landscape
Nigeria’s primary legal framework on preventing cybercrime is the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, amended in 2024 to address cryptocurrency transactions, cyberbullying and various forms of digital misconduct. Complementary frameworks include the National Information Technology Development Agency Act 2007, the Nigerian Data Protection Act 2023, and sectoral regulations such as the CBN’s Risk-Based Cybersecurity Framework. However, the majority of these frameworks were issued far before now, and emerging risks like AI-driven threats are not really being addressed. The Act nowhere mentions “artificial intelligence,” “algorithm,” or “autonomous system.” Notably, the National Artificial Intelligence Commission (Establishment) Bill, 2025, is currently pending before the Senate. If passed, it would establish a dedicated commission to coordinate AI strategy, research, and ethical deployment. However, the Bill in its present form focuses primarily on development and innovation promotion, with limited provisions on criminal liability, evidence handling, or enforcement against AI-facilitated cybercrime, leaving the core accountability and evidentiary gaps largely unaddressed.
AI as a Double-Edged Sword
AI paradoxically enables both defence and attack. Nigerian financial institutions deploy AI for real-time fraud detection and pattern recognition. Conversely, cybercriminals exploit generative AI for deepfake creation, automated credential stuffing, and convincing phishing tailored to Nigerian English and Pidgin. The same technology that powers fraud detection systems can be weaponised to evade them. Take justice delivery as an example, the Evidence Act 2011 (as amended 2023) admits computer-generated evidence under Section 84, but remains silent on AI’s capacity to seamlessly generate or alter electronic records, creating “doctored AI-generated evidence”. These and many more issues await Nigeria’s digital space in the coming years.
The Legal Gaps
There are multiple critical gaps that undermine AI governance. For this article, three are considered. First, no framework attributes criminal liability when an autonomous AI commits an offence. The question of whether the developer, user, or owner should bear criminal responsibility for the acts of an autonomous system remains entirely unanswered under Nigerian law, leaving prosecutors without a clear legal theory of culpability.
Second, Section 84 of the Evidence Act 2011 governs computer-generated evidence but does not address AI-generated outputs. The Act’s definition of “computer” excludes AI’s cognitive processing capabilities, creating a statutory blind spot where evidence produced by generative or autonomous systems falls outside the existing admissibility framework.
Third, Nigeria lacks any framework for mandatory AI-generated content labelling, impeding deepfake traceability. Computer-generated evidence under Section 84 of the Evidence Act 2011 remains admissible if unchallenged at trial, a dangerous precedent for AI evidence, as opposing parties may lack the technical capacity to mount any challenge at all.
Comparative Jurisdictions: Rich Laws, Tangible Results
Jurisdictions with advanced AI laws demonstrate clear outcomes. The EU AI Act (Regulation 2024/1689) mandates transparency obligations, requiring synthetic content labelling and informing individuals when interacting with AI systems; non-compliance triggers significant penalties. The US Algorithmic Accountability Act of 2023 is a proposed Act that will require impact assessments for high-risk AI systems in housing, credit, and employment, with FTC enforcement and a public repository. China implemented mandatory measures for the Identification of AI-generated (Synthetic) content. These rules, mandated by the Cyberspace Administration of China (CAC) and others, require explicit (visible labels) and implicit (watermarks/metadata) identification for all AI-generated text, images, audio, video, and virtual scenes to ensure transparency, traceability, and combat disinformation. These laws contribute to measurable results: forensic traceability, expedited prosecution of deepfake fraud, and clear liability chains. Nigeria has none of these.
Hope or Illusion?
Without legislative intervention, AI’s promise against cybercrime remains an illusion. Nigeria requires the following to boost its hope:
- Amendment of the Cybercrimes Act to include AI-specific offences and mandatory content provenance standards;
- Revision of Section 84 of the Evidence Act 2011 to address AI-generated evidence credibility, not merely admissibility;
- Investment in digital forensic capabilities is currently hampered by inadequate enforcement, weak forensic capabilities, and a lack of specialised personnel; and
- A risk-based framework drawing from EU and US models.
- Review of both secondary and tertiary education curricula to address the knowledge gap in AI and prepare the next generation for the AI-driven future.
Conclusion
AI can help curb cybercrime in Nigeria, but only if legal capacity catches up with technical capability. The Cybercrimes Act 2024 amendments were a step forward, but they did not address AI accountability, algorithmic transparency, or evidentiary credibility. The pending National Artificial Intelligence Commission Bill, 2025, signals legislative awareness, but without substantive provisions on liability, evidence, and enforcement, it cannot fill the existing gaps. The effectiveness of existing frameworks remains a question. An optimistic but cautious path exists, but until Nigeria enacts AI-specific legislation, whether through amending the Cybercrimes Act, revising the Evidence Act, or strengthening the pending Bill, weak laws will remain unable to support strong technology.
Nafisat Damisa is a Legal Research Associate in Olives and Candles – Legal Practitioners. For further information, enquiries, or clarification, please contact Nafisat via: [email protected] or [email protected]
Feature/OPED
Before Oil Hits $150: A Warning Nigeria Cannot Ignore
By Isah Kamisu Madachi
As of April 30, 2026, the crude price is said to have reached $125 in the global market. The all-time high price per barrel was recorded in 2008, when it surged to $147. It is obvious that the price is heading in that direction or even towards what experts have predicted — crude reaching a new all-time high of $150 in the near future if crude passages remain closed in the Middle East, which would ultimately come with several disproportionate challenges for businesses and households.
In Nigeria, what began as a mild adjustment in the price of gasoline and other refined crude products has not stopped anywhere until it reached N1,400 per litre of petrol at filling stations. When the price was surging, experts in energy, economics, marketing, business and other relevant fields tried to come up with explanations for how Nigeria, despite housing the largest petrochemicals refinery in Africa and being one of the largest oil-exporting countries on the continent, would continue to absorb this shock.
Despite our advantages, Nigeria recorded the world’s second-highest surge in petrol prices following the escalating geopolitical tension in the Middle East. In Africa, Nigeria has the highest spike, with many sources citing it at 39.5% and above. Even non-oil-producing countries in Africa, and countries that do not refine a drop of oil, did not experience this surge. Also, African countries like South Africa at 1%, Morocco at 2.1%, and Tanzania at 2.7% experienced far smaller increases that are nowhere near Nigeria’s.
To put it in context, South Korea, Japan, and China are among the foremost dependents on the Strait of Hormuz, whose closure escalated the crude price, but none of these countries has recorded even a 20% increase in their petrol prices. Nigeria does not import its crude through the Strait of Hormuz. Yet, as an oil-exporting nation, we have suffered some of the sharpest petrol price increases in Africa.
What went wrong in Nigeria to warrant this surge is not the primary focus of this piece. What lies ahead is. As a result of the increase in petrol prices, Nigerians have been disproportionately affected. Life has become unbearably difficult, with sharp increases in transportation costs, rising food prices, and higher costs of goods and services. Even charging points that used to collect N150 for charging a phone or battery now charge N300 or more.
As it stands, the gap between the current crude price and the predicted new all-time high is about $25. This means that if the passages continue to remain closed, we are not far from another historic price peak. It is even said that reopening the passages may not immediately stabilise prices, as crude tankers would still take time to reach their destinations.
What this means for Nigeria is another sharp increase in refined petroleum product prices, which could trigger another wave of stagflation. Already struggling, Nigerians do not deserve this. They are only just adapting to the post-subsidy era, yet are being hit again by another round of global geopolitical tensions. Many are already in deep energy poverty, with businesses struggling due to unstable electricity supply.
Therefore, as crude oil prices hover above $125 per barrel and threaten to reach the predicted $150 if disruptions in the Strait of Hormuz persist, Nigeria must act decisively to shield its citizens. The Dangote Refinery exists. Nigeria refines oil. What the federal government owes Nigerians at this point is a deliberate policy decision to make that the refinery serve domestic needs first, with pricing that does not mirror whatever is happening in the global market. That is not complicated; other oil-producing countries do exactly this.
The NMDPRA has the authority to act on this. The question is whether there is a political will to act before another price wave hits and Nigerians are once again left to absorb what their counterparts elsewhere never have to.
Sub-national governments also have something to do. Commercial motorcyclists and small business owners are the people who feel every petrol price increase the hardest and the fastest. Pushing CNG and LPG adoption among this group beyond the FCT and Lagos, with genuine support, would cushion a significant part of the next shock. Expanding solar access in underserved communities would do the same. A shop owner running on solar is not at the mercy of the next diesel price spike.
These solutions are quite feasible. Nigeria has attempted versions of them before. Where we often seem to get it wrong is in execution, and Nigeria has to treat this with the same urgency and seriousness as given to elections, for the well-being of its citizens. The only thing that has never matched the problem is the seriousness of the response.
Isah Kamisu Madachi is a policy analyst and development practitioner. He writes via [email protected]
Feature/OPED
A Simple Guide to Obtaining Pension Clearance Certificate in Nigeria
By Gbolahan Oluyemi
In 2025, the National Pension Commission (PenCom) directed all Licensed Pension Fund Operators (LPFOs) to demand a Pension Clearance Certificate (PCC) from service providers before engaging their services. This new policy typically affects various types of entities, including small and medium-scale enterprises, most of which are not usually compliance-driven. Following this directive, the PCC has become an essential compliance document for both large, medium and small-scale firms. This article provides a guide on what a PCC is, why it matters, and how it can be obtained.
What is a Pension Clearance Certificate (PCC)?
A Pension Clearance Certificate (PCC) is an official document issued by PenCom confirming that an organisation has complied with the provisions of the Pension Reform Act. It is an annual document that must be renewed every year at no cost. The yearly renewal is intended to ensure that organisations treat compliance as a continuous activity rather than a one-off act.
Why is a PCC Important?
The PCC is important because it demonstrates that an organisation is compliant with the provisions of the Pension Reform Act, especially as it relates to employee pension contributions under Section 4 (1) of the Pension Reform Act and subscription to group life insurance under Section 4 (5) of the Pension Reform Act. It is also required for certain transactions, such as government contracts and engagements with compliance-sensitive partners. In essence, a PCC assures investors, partners, and clients that your business is properly structured and compliant with regulatory requirements.
Who Needs a Pension Clearance Certificate?
Under Nigerian law, companies with three or more employees are required to participate in the Contributory Pension Scheme (CPS). If your organisation employs at least three staff members and provides or intends to provide services to Licensed Pension Fund Operators (LPFOs) or other regulated entities, you are expected to obtain a PCC annually.
How Do I Obtain a PCC?
PenCom issues the PCC electronically and at no cost through its web portal: https://pcc.pencom.gov.ng/. Please note that Applicants who are just beginning compliance and remitting employees’ pensions are required to first obtain an employer code from a Pension Fund Administrator (PFA). This code is necessary to initiate the PCC application on the PenCom portal.
Upon logging into the portal, you will be required to complete your company profile by providing your date of incorporation, contact details, and website (if applicable), as well as uploading your CAC documents.
Next, you will upload an Excel schedule (using the template provided on the website) containing your employee list. After this, you will be required to upload Excel sheets detailing pension contributions. You will also need to upload your organisation’s group life insurance documentation and payment instrument.
Finally, you will review your application and submit it for further processing by PenCom. Before commencing an application, ensure you have the following:
- Certificate of Incorporation (CAC documents)
- Group Life Insurance Policy for employees
- Evidence of Pension Fund Administrator (PFA) registration for employees
- Three years’ proof of monthly pension remittances, including penalties for any defaults (where applicable). For companies less than three years old, provide proof of remittances from the date of incorporation
- A valid Tax Identification Number (TIN)
- An employee schedule showing staff details and contributions (usually in Excel format) Templates are available on the PenCom portal
Also note that for the portal to accept employee details and remittance records, employees must have completed their data capture with their respective Pension Fund Administrator and updated their records to reflect their current employer.
Conclusion
Obtaining a Pension Clearance Certificate in Nigeria may seem technical at first, but once proper processes are established, it becomes routine. The key is consistency in remittance, maintenance of accurate records and prioritisation of compliance in overall operations.
For many Nigerian businesses, the PCC is more than a regulatory requirement; it is a mark of credibility. In a competitive environment, that credibility can make all the difference.
Gbolahan Oluyemi is a Legal Practitioner and currently leads Olives and Candles – Legal Practitioners. For further information, enquiries, or clarification, please contact Gbolahan via: [email protected] or [email protected]
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