The Computer and Cybercrimes Bill, 2016
officer or the authorised person shall—
(a)
explain the reason they believe that the material sought
may be found on the premises to be searched;
(b)
state that the search may be frustrated or seriously
prejudiced unless an investigating officer may at the first
instance on arrival at the premises secure immediate entry
to the premises;
(c)
identify and explain, the type of evidence suspected to be
found on the premises; and
(d)
explain the measures that shall be taken to prepare and
ensure that the search and seizure is carried out through
technical means such as imaging, mirroring or copying of
relevant data and not through physical custody of computer
system, program, data, or computer data storage medium.
(3) Where the court is satisfied by the explanations provided under
subsection (2), the court shall issue a warrant authorising a police
officer or an authorised person to—
(a) access, seize or secure the specified computer system,
program, data or computer data storage medium;
(b) access, inspect and check the operation of any computer
system to which the warrant issued under this section
applies;
(c) access any information, code or technology which is
capable of unscrambling encrypted data contained or
available to such computer system into an intelligible
format for the purpose of the warrant issued under this
section;
(d) require any person possessing knowledge concerning the
functioning of the computer system or measures applied
to protect the computer data therein to provide, as is
reasonable, the necessary computer data or information,
to enable the police officer or any authorised person in
conducting such activities as authorised under this
section;
17