39.
40.
(2)
A
service
provider
shall,
at
the
request
of
the
relevant
authority
referred
to
in
subsection
(1)
of
this
section
or
any
law
enforcement
agency
–
(a)
preserve,
hold
or
retain
any
traffic
data,
subscriber
information,
non-‐content
information,
and
content
data;
or
(b)
release
any
information
required
to
be
kept
under
subsection
(1)
of
this
section.
(3)
A
law
enforcement
agency
may,
through
its
authorized
officer,
request
for
the
release
of
any
information
in
respect
of
subsection
(2)
(b)
of
this
section
and
it
shall
be
the
duty
of
the
service
provider
to
comply.
(4)
Any
data
retained,
processed
or
retrieved
by
the
service
provider
at
the
request
of
any
law
enforcement
agency
under
this
Act
shall
not
be
utilized
except
for
legitimate
purposes
as
may
be
provided
for
under
this
Act,
any
other
legislation,
regulation
or
by
an
order
of
a
court
of
competent
jurisdiction.
(5)
Anyone
exercising
any
function
under
this
section
shall
have
due
regard
to
the
individual’s
right
to
privacy
under
the
Constitution
of
the
Federal
Republic
of
Nigeria,
1999
and
shall
take
appropriate
measures
to
safeguard
the
confidentiality
of
the
data
retained,
processed
or
retrieved
for
the
purpose
of
law
enforcement.
(6)
Subject
to
the
provisions
of
this
Act,
any
person
who
contravenes
any
of
the
provisions
of
this
section
commits
an
offence
and
shall
be
liable
on
conviction
to
imprisonment
for
a
term
of
not
more
than
3
years
or
a
fine
of
not
more
than
N7,000,000.00
or
to
both
fine
and
imprisonment.
Where
there
are
reasonable
grounds
to
suspect
that
the
content
of
any
electronic
communication
is
reasonably
required
for
the
purposes
of
a
criminal
investigation
or
proceedings,
a
Judge
may
on
the
basis
of
information
on
oath;
(a)
order
a
service
provider,
through
the
application
of
technical
means
to
intercept,
collect,
record,
permit
or
assist
competent
authorities
with
the
collection
or
recording
of
content
data
and/or
traffic
data
associated
with
specified
communications
transmitted
by
means
of
a
computer
system;
or
(b)
authorize
a
law
enforcement
officer
to
collect
or
record
such
data
through
application
of
technical
means.
(1)
It
shall
be
the
duty
of
every
service
provider
in
Nigeria
to
comply
with
all
the
provisions
of
this
Act
and
disclose
information
requested
by
any
law
enforcement
agency
or
otherwise
render
assistance
howsoever
in
any
inquiry
or
proceeding
under
this
Act.
(2)
Without
prejudice
to
the
generality
of
the
foregoing,
a
service
provider
shall,
at
the
request
of
any
law
enforcement
agency
in
Nigeria
or
at
its
own
initiative,
provide
assistance
towards
–
data.
Interception
of
electronic
communications.
Failure
of
service
provider
to
perform
certain
duties.