THE IMPACT AND CHALLENGES OF PROSECUTING CYBERCRIME IN NIGERIA

The rate of cyber-crime has gone up considerably in the last 10 years since the inception of the internet and digital age. There are various kinds of act which would constitute an offence in the newly promulgated cyber-crime Act, 2015 such as: unlawful access to computers, unlawful interceptions of communications, unauthorized modification of data, misuse of data, system interference, intercepting electronic messages, emails, e-money transfer, tampering with critical infrastructure, computer related fraud, computer-related forgery, among others, as offenses that are punishable under the Act. Theft of electronic devices, electronic signature, child pornography and related offences, racism and xenophobic offences are also punishable under the Act. It also provided for cyber-stalking, cyber-squatting and cyber-terrorism as offences; there are actually many valid reasons for the need of cyber-crime laws in Nigeria.

2015

Cybercrime offences know no limits to physical geographic boundaries and have continued to create unprecedented issues regarding to the feasibility and legitimacy of applying traditional legislations based on geographic boundaries. These offences also come with procedural issues of enforcement of the existing legislations and continue to subject nations with problems unprecedented to its sovereignty and jurisdictions. This research is a critical study on the legal aspects of cybercrime in Nigeria, which examines how laws and regulations are made and applied in a well-established system to effectively answer questions raised by shortcomings on the implementation of cybercrime legislations, and critically reviews various laws in Nigeria relating or closely related to cybercrime. This research will provide insight into current global cybercrime legislations and the shortfalls to their procedural enforcement; and further bares the cybercrime issues in Nigeria while analysing and proffering a critique to the provisions as provided in the recently enacted Nigerian Cybercrime (Prohibition and Prevention) Act 2015, in contradistinction to the existing legal framework in the United Kingdom and the other regional enactments like the Council of Europe Convention on Cybercrime, African Union Convention on Cybersecurity and Personal Data Protection 2014, and the ECOWAS Directive on Cybercrime 2011. Chapter One: GENERAL INTRODUCTION Cybercrime has become one of the great legal frontiers. Between 2000 and 2012, the internet expanded at an average rate of 566.4% on a global level, while an estimated 2.4 billion people are "on the Net." 1 Six trillion web pages are accessible, 2.2 billion Google searches per month and 12% of all global trade happens online, with about $240 million lost from global cyber-crime. 2 The rapid growth of computer technology carries with it the evolution of various crimes on the internet. In recent years, there has been considerable focus within the criminal justice system on computer-related crime, as cybercrime has garnered increased attention because computers have become so central to several areas of social activity connected to everyday life. 3 Internet users innovate freely on various platforms, reaching out to more people, aiding ubiquity of internet features and with attendant high utility and pecuniary returns. 4 Although the internet has been a double-edged sword providing opportunities for individuals and organisations, it brings with it an increased information security risk. 5 Cybercrime has in recent time become a crucial threat to many countries which has necessitated many governments from around the world to enact sturdy legislation and also put in place coherent procedural measures to tackle cyber-criminals; which involve putting effective task forces,

AIPFU Journal of School of Sciences (AJSS), 2017

Cybercrime involves using computers and Internet by individuals to commit crime. Cyber terrorism, identity theft and spam are identified as types of cybercrimes. The study identified some of the causes of cybercrimes to include urbanization, unemployment and weak implementation of cybercrime laws. The effects of cybercrimes on organizations, the society and the country in general include reducing the competitive edge of organizations, waste of production time and damage to the image of the country. With Nigeria venturing into cashless society, there is a need for cybercrimes menace to be minimized if not completely eradicated. This paper x-rayed various types of cybercrimes and what motivate individuals into indulging in such crimes. Firms should ensure that their IT infrastructures like Networks and computer systems are properly secured. Government should ensure that cybercrime laws are formulated and strictly adhered to and individuals should observe simple rules by ensuring antivirus protection on their computer systems.

2023

The world is becoming more digitally interconnected, and like other countries, the digital landscape in Nigeria is continuously expanding. As at December, 2022 the number of active internet users in Nigeria rose above 152 million while active mobile users are estimated to be over 210 million. 1 These figures keep increasing and show that internet use has penetrated over 40% of the Nigerian population. With this expanding internet use comes cybercrimes, as well as the dire need to protect internet users from them in order to secure personal data, prevent unauthorized access and deter malicious activities on the internet. This work explores the broad provisions embedded in the Cybercrime Act for the protection of internet users, liabilities for violators, the challenges that lie ahead and the way forward.

Unimaid Journal of Private & Private Law, 2019

Cyber criminality presents unique problems of investigation for prosecution due to the global nature of the internet. The transnational nature of cyberspace poses significant difficulties for law enforcement and prosecution which ordinarily must take place within national borders. Unfortunately, an adequate global uniformity or harmony needed for fighting cyber-crime is not available even as anti-cyber-crime laws are still lacking in many developed nations. Added to this is the near anonymity of offenders. This paper looks into the problem of cyber-crime within the context of Nigeria. The focus is particularly on the efforts of the Nigeria Police in tackling the problem, the challenges, the surrounding issues and the prospects; with due cognizance given to the Anti-Cyber Crime Law enacted in the country in 2015. The study advocates for the establishment of a functional, well-equipped and effective computer forensic department within the Nigeria Police Force.

The advancement in technology has changed and affected the way people live, work and recreate in no small measure. Unlike what was obtainable in past decades, today any kind of information or data can be sent and received with the click of a button no matter the geographical location of an individual. Commercial, educational, economic and recreational activities have engulfed the infinite space known as the cyberspace. We live in an age that has been christened the computer age or the age of information and communication technology. 1 An age characterised by the creation of hardware, software and media for collection, storage, processing, transmission, retrieval and presentation of information. Communication and computing equipment used for this purpose include but is not limited to satellites, transmission lines, computers, modems, routers, the internet, intranet, emails, wireless networks, cell phones, iPods, digital cameras, and other operating systems and applications. 2 The changes brought about by these new technological inventions have introduced a new dimension to crime, arguably one that was not envisaged when

The Erudite Journal of Leadership and Development, 2022

“Cyber security risks pose some of the most serious economic and national security challenges of the 21st century” -President Barrack Obama ABSTRACT Cybercrime has continuously posed a global threat to human existence and survival. Particularly, the spate at which the Nigerian cyberspace is subjected to daily attacks from unscrupulous minds and criminals is alarming. Cybercrime has taken its dangerous tolls on individuals, businesses, institutions, governments and the economy. If the issue of cybercrime is not urgently addressed, it can wreak a greater havoc on the nation, than corruption and poverty would do. In light of this, this paper appraises the status of cyber security and cybercrimes in Nigeria; the extant legal framework set up to combat cybercrimes in Nigeria; the challenges faced in curbing cybercrimes; and the way forward – pathways to attaining a cyber secure Nigeria. Keywords: Cyber security, Cybercrimes, Cyberspace, Legal Framework, Challenges, Way Forward.

2023

Cybercrime has been a major global criminological challenge in recent years. Regarded as one of the epicenters of international Internet fraud, Nigeria is gaining notoriety as a cybercrime hotbed. With the continuing advancement in technological innovations and the growth of terrorism in Nigeria, cyberattacks are also a continuing threat. Efforts to tackle the threat of cybercrime have mainly been ineffective. Even though the Nigerian government has introduced measures to tackle the danger posed by cybercrime to economic and social growth, the piecemeal approach it has used in the past has yielded no tangible results. In this paper, we argue that cybercrime cannot be confronted by the Nigerian government alone without a comprehensive, holistic approach, including international cooperation. We examined the various strategies employed by the Nigerian government to curb cybercrime and why cyber criminality has been a malignant tumor that has refused to subside. We also outline some policy measures and recommendations

Alex Ekwueme Federal University, Ebonyi State, Projects, 2024

One of the most creative and practical inventions of humankind is the development of the internet, computers, and mobile phones. The benefits of these technological advancements are immeasurable. For example, transactions between parties in different jurisdictions can be completed over the internet, and personal correspondence has become easier than it was in the 18th and 17th centuries when letters were used slowly. However, with the convenience of the internet and technology also comes the risk of cyberattacks and data breaches. As more and more sensitive information is shared online, individuals and companies are increasingly vulnerable to hackers and cybercriminals. In a similar spirit, technological advancements have brought about immeasurable harm, raised the frequency of crimes, broadened the scope of illegal activity, and produced a brand-new class of crimes known as cybercrimes. Nigeria, as a country experiencing rapid technological growth, has not been immune to the rise of cybercrime. In response to this growing threat, the Nigerian government enacted the Cybercrime (Prohibition, Prevention, etc.) Act in 2015. This legislation aims to provide a legal framework for combating cybercrime in Nigeria by defining offences, outlining penalties, and establishing procedures for investigation and prosecution. However, the effectiveness of this law in addressing the dynamic nature of cybercrime remains a subject of debate among legal scholars and practitioners. To allow for a detailed examination of the legal framework itself, focusing on the text of the Act and how it compares to international best practices, this research adopted the doctrinal methodology to analyze the key provisions of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, and evaluate its effectiveness in combating cybercrime in Nigeria. The study found that while the Act introduces important provisions such as criminalizing cybercrimes, providing for international cooperation, and establishing the National Cybersecurity Fund, there are still challenges in its implementation and enforcement. These challenges include a lack of adequate resources and expertise within law enforcement agencies, as well as a lack of awareness and understanding among the general public about cybercrime and how to report it. It is concluded, therefore, that the Act does not address emerging cyber threats which are becoming increasingly prevalent. It is recommended that there should be a continuous review and amendment of the Act to keep up with the rapidly evolving nature of cybercrimes and technology