Cybercrimes in Nigeria: Law and Issues

Abstract

This work focused on the general examination of what cybercrimes entail; it identified the legal and institutional framework of the crimes in Nigeria and their implications on the socio-economic and national development of the country. This study also presented a comparative analysis of the Nigerian perspective of the crime and that of other selected jurisdictions, and finally provided strategies to combatting the menace of cybercrimes. The primary sources of materials used in this research work were statutory provisions in relation to cybercrime law in Nigeria; such as the Cybercrime Act of 2015, the Economic and Financial Crime Commission Act 2004, the Nigerian Criminal Code Act 2004, the Advance Fee Fraud and Related Offences Act 2006, etc. and judicial decisions. While textbooks, journals, conference paper, theses, the internet, etc. were used as the secondary source of materials for this study. The study revealed that the problems posed by cybercrime are critical and yet handled most times with levity. It also discovered that people usually abuse the use of computer technology because of the fertile ground created by the internet for false pretenses, which makes the commission of cybercrimes easy for cyber-criminals. Although certain regulatory frameworks have been put in place to regulate online activities by people, however the work has shown that in spite of these, cyber-criminals still hide behind a computer screen to perpetrate evil. Shockingly, some of the law enforcement agents whose jobs are to ensure proper implementation of the extant laws on cybercrimes lack appropriate trainings to carry out their duties effectively. Cyberspace is vast and has no limit; cybercriminals utilize this opportunity to commit crimes anywhere, from anywhere in the world. In this respect, it has been observed in the work that the issue of jurisdiction determination in cases of cybercrime involving different nations has not been adequately addressed. The study concluded that the current legal and institutional frameworks regulating cybercrime in Nigeria have not been sufficient or comprehensive enough to address various menaces of cybercrime, its surrounding issues (such as the determination of jurisdiction in cases of cybercrime involving more than one jurisdiction) and the threats it poses to the socio-economic and technological development of the country. Also, the failure of law enforcement, security, and intelligence agencies to develop requisite institutional capacity for the effective implementation of the provisions of the existing Cybercrimes Act/ laws is quite discreditable.