TELECOMMUNICATIONS AND POSTAL OFFENCES ACT

DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N1,500 (PDF)] CLICK HERE FOR ONLINE PAYMENT. PDF COMPENDIUMS OF ALL THE LAWS OF NIGERIA, LAGOS AND OTHER STATES ARE ALSO AVAILABLE. EMAIL: lawnigeria@gmail.com or info@lawnigeria or Text/WhatsApp +23407067102097

DOWNLOAD (PDF-N1500)

LAWS OF THE FEDERATION OF NIGERIA

TELECOMMUNICATIONS AND POSTAL OFFENCES ACT

ARRANGEMENT OF SECTIONS

PART I – Telecommunication offences

1. Tampering with wireless cables, etc.
2. Illegal operation of telephone call offices, etc.
3. Radio communications offences.
4. Diversion of telephone line, etc.
5. Fraud related offences, etc.
6. Call-back operation.
7. Obtaining telecommunications services by fraud, etc.
8. Abandonment of telecommunication service.
9. Personation.
10. Use of premises.
11. Touting, aiding and abetting, etc., commission of offence.
12. Penalty under this Part.

PART II – Postal offences

1. Tampering with postal matters, etc.
2. Stealing postal matters, etc.
3. Uttering, etc., of postal matters, etc.
4. Mis-delivery of postal matters, etc.
5. Sale of postal matters, etc., at unapproved price.
6. Unauthorised communication of information.
7. Unauthorised printing, etc., of stamp, etc.
8. Hoarding of stamps, etc.
9. Illegal operation of post office, etc.
10. Courier operators.
11. Unauthorised disclosure of post office box number, etc.
12. Use of premises.
13. Obtaining postal matter, etc., by the pretence.
14. Personation.
15. Abandonment of postal service.
16. Breach of official duty.
17. Aiding, abetting, etc., commission of an offence.
18. Penalty under this Part.

PART III – Jurisdiction, etc.

1. Jurisdiction to try offences.
2. Power to control property of the accused.
3. Jurisdiction unaffected by separation from service, etc.

PART IV – Miscellaneous

1. Offence by bodies corporate.
2. Power of search, detention, etc.
3. Inconsistency.
4. Obstruction of an approved agency, etc.
5. Task Force.
6. Trial in absentia.
7. Directives by the Minister.
8. Interpretation.
9. Short title.

TELECOMMUNICATIONS AND POSTAL OFFENCES ACT

An Act to create offences and punishments for acts against telecommunications and postal services and to provide for other related matters connected therewith.

[13th September, 1995]    [Commencement.]

PART I – Telecommunication offences

1. Tampering with wireless cables, etc.

A person who, without lawful authority—

(a)    disconnects, removes, damages, destroys, tampers or meddles with; or

(b)    in any other way, not otherwise specified in any section of this Part of this Act, interferes with, any cable, cabling material, wireless system, wire or assembly of wires, used for the conveyance of telephone, telegraph, visual messages, images or information, is guilty of an offence.

1. Illegal operation of telephone call offices, etc.

(1)    A person who—

(a)    without lawful authority—

(i)     operates a land line, a fixed or a mobile telephone call office (in this Act referred to as “telephone call office”) for the purpose of selling or offering for sale any telephone service or any other telecommunications service; or

(ii)    operates a pay phone; or

(iii)    sells, offers for sale or engages in any other commercial activity connected with telecommunications,

is guilty of an offence.

(2)    A person who—

(a)    without lawful authority or a licence from an approved agency, sells, offers for sale or otherwise deals in any telecommunications equipment;

(b)    uses or buys any telephone service or any other telecommunications service in or from a telephone call office not approved by the approved agency,

is guilty of an offence.

(3)    A person who is guilty of an offence under subsection (2) of this section is liable on conviction—

(a)    in the case of an individual, to a fine of not less than N100,000 or imprisonment for a term not exceeding 12 months or to both such fine and imprisonment; and

(b)    in the case of a body corporate, to a fine of not less than N500,000.

(4)    A person who operates a telecommunications service—

(a)    without a licence from an approved agency; or

(b)    outside the terms and conditions of his licence,

is guilty of an offence.

(5)    For the purposes of subsection (1) of this section—

“office” includes any building, house, room, apartment and structure in which the business of making or receiving telephone calls or any other telecommunications service is carried on.

1. Radio communications offences

(1)    A person who, without lawful authority or licence from the approved agency—

(a)    sells, offers for sale or in any other way deals in any radio communications equipment; or

(b)    instals or operates a radio communications equipment; or

(c)    operates a radio communications equipment that does not conform with the terms and conditions of his licence,

is guilty of an offence.

1. Diversion of telephone line, etc.

A person who, without lawful authority, diverts, in any way whatsoever or to any other place or address, a telephone line which—

(a)    has or has not been allocated to a subscriber by an operator, whether or not for the purpose of making or enabling another person to make a telephone call; or

(b)    has been allocated to or installed at a specified address,

is guilty of an offence.

1. Fraud related offences, etc.

(1)    A person who—

(a)    credits the account of a subscriber with an amount that was not paid into the account; or

(b)    clones, programmes or activates, for use in connection with the mobile telephone of some other person, the programme data of a mobile telephone that has been allocated by an operator; or

(c)    communicates to an unauthorised person, the programme data or electronic serial number of a mobile set that has been allocated to another person; or

(d)    sells, re-sells or offers for sale or re-sale or otherwise deals in any cable, cabling material or any other telecommunications equipment or service; or

(e)    undercharges for any telecommunications service, adjusts or tampers with a subscriber’s bill or overbills a subscriber; or

(f)     sells or otherwise deals in a used telephone call card; or

(g)    uses a telephone number allocated to a subscriber or knowingly allows a telephone number allocated to him to be used in a letter or document containing a false pretence; or

(h)    engages in computer fraud or does anything relating to fake payments, whether or not the payment is credited to the account of an operator or the account of a subscriber; or

(i)     without lawful authority, uses the facilities of an operator for an international telephone call; or

(j)     without lawful authority, allocates a land line, a fixed or a mobile telephone set, is guilty of an offence.

(2)    A person who—

(a)    forges any bank stamp, bank schedule or payment slip relating to the account of a subscriber or any document relating to payment to the account of an operator; or

(b)    steals any cabling material or any other telecommunications or radio communications equipment or material,

is guilty of an offence.

1. Call-back operation

(1)    A person who, without lawful authority—

(a)    engages or is otherwise involved in a call-back operation; or

(b)    is involved in the use of a call-back service, including any associated support activity of the call-back operation or service, is

guilty of an offence.

(2)    A person who is guilty of an offence under subsection (1) of this section is liable on conviction—

(a)    in the case of an individual, to a fine of N500,000 or imprisonment for a term of not less than two years but not exceeding five years or to both such fine and imprisonment; and

(b)    in the case of a body corporate, to a fine of N5,000,000.

1. Obtaining telecommunications services by fraud, etc.

A person who, for the purpose of obtaining any telephone or any other telecommunications service from an operator, uses the name, photograph or address of a person living or dead or who does not exist, is guilty of an offence and liable on conviction to imprisonment for a term of not less than three years but not exceeding ten years without the option of a fine.

1. Abandonment of telecommunication service

A person who, lawfully or unlawfully, obtains a telecommunications service and then abandons or gives up the service without settling any debt or charges incurred by him on the service is guilty of an offence and liable on conviction to imprisonment for a term of not less than three years but not exceeding ten years without the option of fine.

1. Personation

A person who falsely represents—

(a)    himself as an employee of the approved agency or an operator; or

(b)    that he is for the time being employed or authorised to render a service on behalf of the approved agency or an operator,

is guilty of an offence.

1. Use of premises

A person who, being the landlord, tenant, occupier or is concerned with the management of any premises, causes or knowingly permits the premises to be used for any purpose which constitutes an offence under this Part of this Act is guilty of an offence and liable on conviction to a fine of not less than N100,000.

1. Touting, aiding and abetting, etc., commission of offence

An employee of the approved agency or of an operator or any other person, who touts, aids, abets, counsels, procures or conspires with any other person to commit an offence under any section of this Part of this Act, is guilty of an offence and liable on conviction to the same punishment as is prescribed for the offence.

1. Penalty under this Part

(1)    A person who is guilty of an offence under any section of this Part is liable on conviction, where not otherwise specified—

(a)    in the case of an individual, to imprisonment for a term of not less than five years without the option of a fine; and

(b)    in the case of a body corporate, to a fine of N500,000.

(2)    In addition to the penalties specified in this Part of this Act, any article or other thing used in the commission of or in connection with an offence shall be forfeited to the Federal Government.

PART II – Postal offences

1. Tampering with postal matters, etc.

A person who—

(a)    without lawful authority, wilfully or maliciously stops, dumps, intercepts or, in any way not otherwise specified in any section of this Part of this Act, tampers or meddles with, or otherwise retards the delivery of any postal matter or electronic mail, is guilty of an offence and liable on conviction to imprisonment for a term of not less than five years without the option of a fine; or

(b)    without lawful authority, fraudulently, wilfully or maliciously—

(i)     stops, delays, intercepts, tampers or meddles with any postal matter or electronic mail with intent to search or pilfer it; or

(ii)    secrets, destroys or defaces any postal matter, electronic mail or any part thereof or evidence of the existence of the postal matter, electronic mail or part thereof, whether or not the postal matter, electronic mail or part thereof so secreted, destroyed or defaced, contains money or other thing whatsoever,

is guilty of an offence and liable on conviction to imprisonment for a term of not less than seven years.

1. Stealing postal matters, etc.

A person who steals any postal matter or electronic mail is guilty of an offence.

1. Uttering, etc., of postal matters, etc.

A person who utters, alters or forges any postal order, money order, stamp, seal, postal service receipt or any other postal item, is guilty of an offence.

1. Mis-delivery of postal matters, etc.

A person who, being charged with the delivery of any postal matter or electronic mail, without lawful authority, fraudulently, wilfully or maliciously, dumps it or delivers it to person or an address other than the person or address stated on the postal matter or electronic mail is guilty of an offence.

1. Sale of postal matters, etc., at unapproved price

A person who—

(a)    sells or offers for sale any stamp, postal order, money order or other postal item at an amount not approved by the Nigerian Postal Service (in this part of this Act referred to as ‘the Postal Service”); or

(b)    demands, for the postage or transmission of any letter, postal parcel or electronic mail, an amount not approved by the Postal Service, is guilty of an offence.

1. Unauthorised communication of information

A person who, without lawful authority, communicates or attempts to communicate to an unauthorised person, any information relating to the movement of any mail bag or other postal matter or electronic mail, is guilty of an offence.

1. Unauthorised printing, etc., of stamp, etc.

A person who, without lawful authority, prints, sells, offers for sale or otherwise deals in any stamp, postal order, money order or any other postal item is guilty of an offence.

1. Hoarding of stamps, etc.

A person who, being an employee of the Postal Service or any other person authorized by the Postal Service to sell stamps, postal orders, money orders or other postal items—

(a)    when asked by any other person to sell any stamp, postal order, money order or other postal item, without lawful excuse, fraudulently, wilfully or maliciously, refuses to do so or denies that he has the stamp, postal order, money order or other postal item; or

(b)    without lawful authority, fraudulently, wilfully or maliciously does any act that causes a scarcity of stamps, postal orders, money orders or other postal items, is guilty of an offence.

1. Illegal operation of post office, etc.

A person who, without lawful authority, operates a post office, or postal agency is guilty of an offence.

1. Courier operators

(1)    A person who operates a courier service—

(a)    without licence from the appropriate authority; or

(b)    outside the terms and conditions of his licence,

is guilty of an offence.

(2)    A person who, being an employee of a courier service company, unlawfully opens or suffers to be opened, a sealed article with which the courier service company is entrusted for conveyance, is guilty of an offence.

(3)    In subsection (1) (a) of this section—

“appropriate authority” means the person for the time being charged with responsibility for granting licences to companies to operate courier services.

[1997 No. 19.]

1. Unauthorised disclosure of post office box number, etc.

A person who, being an employee of the Postal Service, without lawful cause, fraudulently or recklessly, discloses to an unauthorised person the post office box or private bag number which has been allocated to some other person by the Postal Service, is guilty of an offence.

1. Use of premises

A person who, being the landlord, tenant, occupier or is concerned with the management of any premises, causes or knowingly permits the premises to be used for any purpose which constitutes an offence under this Part of this Act, is guilty of an offence and liable on conviction to a fine of not less than N100,000.

1. Obtaining postal matter, etc., by the pretence

A person who, fraudulently or by means of a false pretence, obtains from any employee of the Postal Service or any other person, any postal matter or electronic mail which is not addressed to him, with intent to defraud, is guilty of an offence.

1. Personation

(1)    A person who falsely represents—

(a)    himself as an employee of the Postal Service; or

(b)    that he is for the time being employed or authorised to render a service on behalf of the Postal Service,

is guilty of an offence.

(2)    A person, being an employee of the Postal Service, who with intent to defraud, receives, gives, delivers, transmits or is in possession of any postal matter containing a false pretence is guilty of an offence.

1. Abandonment of postal service

A person who lawfully or unlawfully obtains a postal service and then abandons or gives up the service without settling any debt or charge incurred by him on the service is guilty of an offence and liable on conviction to imprisonment for a term of not less than three years but not exceeding ten years without the option of a fine.

1. Breach of official duty

A person who, being an employee of the Postal Service or is for the time being under duty to discharge any of the functions assigned to him by the Postal Service—

(a)    fails to perform or discharge that duty; or

(b)    performs that duty fraudulently, negligently, perversely or recklessly; or

(c)    commits an act or omission in breach of that duty,

is guilty of an offence.

1. Aiding, abetting, etc., commission of an offence

Where an employee of the Postal Service or any other person aids, abets, counsels, procures, attempts or conspires with any other person to commit an offence under any section of this Part of this Act, he shall be guilty of an offence and liable on conviction to the same punishment as is prescribed for the offence.

1. Penalty under this Part

(1)    A person who is guilty of an offence under any section of this Part of this Act is liable on conviction, where not otherwise specified—

(a)    in the case of an individual, to imprisonment for a term of not less than five years without the option of a fine; and

(b)    in the case of a body corporate, to a fine of N500,000.

(2)    In addition to the penalties specified in this Part of this Act, any article or other thing used in the commission of or in connection with the offence shall be forfeited to the Federal Government.

PART III – Jurisdiction

1. Jurisdiction to try offences

The Federal High Court (in this Act referred to as “the Court”) shall have exclusive jurisdiction to try all offences under this Act.

1. Power to control property of the accused

(1)    Where at any stage of a hearing or trial, the Court is satisfied that a prima facie case has been made out against a person, the Court may by order and for such time as it may direct or require—

(a)    prohibit any disposition of property, movable or immovable, by or on behalf of that person, whether or not the property is owned or held by that person or by any other person on his behalf, except to such extent and in such manner as may be specified in the order; and

(b)    where necessary or expedient, vest in the Court or otherwise acquire the custody of any property, movable or immovable, of the person, for the preservation of the property, pending the determination of the proceedings.

(2)    An order under subsection (1) of this section shall have effect as specified therein, but any such order may at any time thereafter be varied or annulled by the Court.

(3)    Failure to comply with the requirement of an order under this section shall be an offence punishable on conviction—

(a)    in the case of an individual, by imprisonment for a term of not less than two years but not exceeding five years without the option of a fine;

(b)    in the case of any group of persons not being a body corporate, by the like punishment of each of such persons as is prescribed in paragraph (a) of this subsection;

(c)    in the case of a body corporate, by a fine of an amount equal to two times the estimated value of the property affected by the non-compliance or N100,000, whichever is higher.

(4)    An application may be made to the Court for the disposal or confiscation of any property seized under this Act—

(a)    in the case of perishable property, at any time; and

(b)    in any other case, not earlier than twelve months, after the property has been seized.

(5)    The Court may, if satisfied that there is need for the disposal or confiscation of the property specified in an application under subsection (4) of this section, make such order and on such terms and conditions as it may deem necessary for the disposal or confiscation of the property.

(6)    The disposal of a property under this section shall be by public auction.

[1997 No. 19.]

1. Jurisdiction unaffected by separation from service, etc.

The jurisdiction or authority of the Court shall not be affected by the fact that a person charged or brought before the Court for trial or hearing—

(a)    has resigned or retired from the approved agency, operator or Postal Service; or

(b)    has had his appointment terminated in the approved agency, operator or Postal Service; or

(c)    has otherwise left the employment of the approved agency, operator or Postal Service.

PART IV – Miscellaneous

1. Offence by bodies corporate

Where an offence under this Act which has been committed by a body corporate is proved to have been committed on the instigation or with the connivance of or attributable or any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity he, as well as the body corporate, where practicable, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

1. Power of search, detention, etc.

(1)    Notwithstanding the provisions of any other enactment conferring power to search, if the Court is satisfied that there is a reasonable ground to suspect that there may be found in any building or other place whatsoever, any item or information whatsoever which, in its opinion, is or may be material to the subject matter of any trial under this Act, it may issue a warrant authorising any police officer or any member of the Task Force constituted under section 38 (1) of this Act, to—

(a)    enter, if necessary by force, the building or other place and every part thereof; and

(b)    search for, seize and remove any item or information found therein.

(2)    Notwithstanding the provisions of any other enactment conferring power to search, if any police officer or any member of the Task Force is satisfied that there is a reasonable ground to suspect that there may be found in any building or any other place whatsoever, any item or information whatsoever which in his opinion is or may be material to the subject matter of any investigation of an offence under this Act, he may without warrant—

(a)    enter, if necessary by force, the building or other place and every part thereof; and

(b)    search for, seize and remove any item or information found therein.

(3)    A police officer or any member of the Task Force shall have the power to search, arrest and detain any person whom he has reason to believe has committed an offence under this Act.

(4)    A person arrested or detained under this Act shall be taken or delivered into police custody or detained in any other place designated by the Task Force for that purpose.

[1997 No. 19.]

1. Inconsistency

Where a provision of this Act is inconsistent with a provision of the Wireless Telegraphy Act or any other enactment or law, the provision of this Act shall prevail and that other provisions shall, to the extent of its inconsistency, be void.

[Cap. W5. 1997 No. 19.]

1. Obstruction of an approved agency, etc.

A person who wilfully obstructs an officer of the approved agency operator, Postal Service or Task Force or any authorised officer in the exercise of the powers conferred on the approved agency, operator, Postal Service, Task Force or authorized person by or in pursuance of this Act, is guilty of an offence and liable on conviction—

(a)    in the case of an individual, to a fine of not less than N100,000 or imprisonment for a term of not less than twelve months or to both such fine and imprisonment; and

(b)    in the case of a body corporate, to a fine of N500,000.

[1997 No. 19.]

1. Task Force

(1)    The Minister shall constitute a Task Force for the purpose of enforcing or giving effect to the provisions of this Act.

(2)    A Task Force constituted under subsection (1) of this section shall consist of such number of persons as the Minister may, from time to time, determine.

(3)    A person who falsely represents—

(a)    himself as a member of the Task force; or

(b)    that he is for the time being employed or authorised to render a service on behalf of the Task Force,is guilty of an offence and liable on conviction to imprisonment for a term of not less than five years without the option of fine.

[1997 No. 19.]

1. Trial in absentia

(1)    The absence from Nigeria of a person accused of an offence under this Act shall not prevent his being tried and convicted under this Act.

(2)    An order of the Tribunal made pursuant to a trial under subsection (1) of this section shall, where expedient, be executed on the person convicted, but the commencement of a sentence of imprisonment shall be deferred until his return to

Nigeria.

[1997 No. 19.]

1. Directives by the Minister

The Minister may, for the purpose of enforcing or giving effect to the provisions of this Act, give to the approved agency or operator, the Task Force or the Postal Service policy guidelines or directive of a general nature and it shall be the duty of the approved agency or operator, the Task Force or the Postal Service to comply with the guidelines or directives.

[1997 No. 19.]

1. Interpretation

“approved agency” means—

(a)    the Nigerian Communications Commission; or

(b)    any other agency or body approved by the Federal Government to issue telecommunications licences;

“associated support activity” in relation to a call-back operation or service, includes

conferencing, re-sale, routing and the installation, use and maintenance of equipment needed for the facilitation of the call;

“cabling material” means any material used for the installation, connection or maintenance of customer cabling connected to a telecommunications network operated by an operator;

“call-back” means a call originated in Nigeria on any Nigerian telecommunications network which is intended for connection to a receiver outside Nigeria through an operator residing outside Nigeria and which, based on arbitrage prices relating to accounting rates or collection charges, will be financially allocatable to an operator outside Nigeria, thereby evading direct payment for international calls to the carrier, but using the carrier’s access or equipment;

“carrier” means an operator licensed to provide carrier services;

“commercial activity connected with telecommunications” means—

(a)    the provision or use for a fee of any telecommunications service; or

(b)    the supply or sale of any telecommunications apparatus; or

(c)    the production or acquisition of any telecommunications apparatus for sale or supply;

“diversion” includes the illegal transfer and continued use of a telecommunications service;

“false pretence” has the meaning assigned to it under section 418 of the Criminal Code;

[Cap. C38.]

“lawful authority” means the official procedure as it relates to dealing in telecommunications and postal services;

“Minister” means the Minister charged with the responsibility for matters relating to communications;

“operator” means—

(a)    the Nigerian Telecommunications Limited; or

(b)    the Mobile Telecommunications Limited; or

(c)    any other telecommunications company or body approved by the Federal Government or any of its agencies to provide or operate a telecommunications service;

“pay phone” means a telephone line connected to an existing telecommunications network through a telephone booth where a phone call may be made by using a card, coin, token or any other facilitating device to initiate telegraphic transmission to originate the call for a specified duration;

“postal matter” includes a letter, stamp, postal order, money order, a mail bag, seal, postal service or any other postal item;

“Postal Service” means the Nigerian Postal Service;

“tampering” includes making unauthorised charges for telecommunications and postal facilities;

“telecommunication equipment” means any apparatus needed for the provision of a telecommunications service;

“telecommunications service” means a service for carrying communications by means of any transmission, emission of signs, signals, writing, images, sounds, or intelligence of any nature by means of guided or unguided electromagnetic energy or both and includes the installation, connection, maintenance, adjustment, repair, alteration, moving, removal, and replacement of an apparatus which is or is to be connected to a telecommunications system.

1. Short title

This Act may be cited as the Telecommunications and Postal Offences Act.

TELECOMMUNICATIONS AND POSTAL OFFENCES ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA

ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED TO DATE)

LAWS MADE BY THE NATIONAL ASSEMBLY OF NIGERIA [1999 – DATE]Table