Abstract
Technological progress is like an axe in the hands of a pathological criminal – Albert Einstein
This Study focuses on the legal framework prohibiting Cybercrimes in Nigeria. Cybercrime
involves using computers and internet by individuals to commit crime. The transformation of
Information and communication technology (ICT) in today’s live has become a blood and bone
relationship. The people across the globe are technologically transformed to the extent that life
depends on technology. The application of ICT covers every facet of human life and that has led
to the birth of unanticipated rates of crimes coming in a borderless form. The paper examines the
types of cybercrimes prevalent in Nigeria, international conventions approach and other
jurisdictional practices with a view to abreast the application of legal framework of cybercrimes
both in the Nigerian context and international community. The methodology adopted in the paper
is doctrinal research approach wherein relevant
INTRODUCTION
Cyber Crime is one of the words frequently used by individuals in our contemporary Society. To
understand the true meaning of cybercrime, there is the need to understand the basic meaning of
Cyber and Crime. The term “Cyber” is a prefix used to describe an idea as part of the computer
and Information age and “Crime” can be described as any activity that contravenes legal procedure
mostly performed by individuals with a criminal motive. Cybercrimes are defined as: “Offences
that are committed against individuals or groups of individuals with a criminal motive to
intentionally harm the reputation of the victim or cause physical or mental harm to the vic tim
directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms,
emails, notice boards and groups) and mobile phones”1
, It has also been defined as conduct that
entails the use of digital technologies in the commission of the offence; directed at computing and
communications technologies or involves the incidental use of computers with respect to the
commission of other crimes2
. Such crimes may threaten a nation’s security and financial health3
.
Cybercrime can simply be explained as crimes carried out with the aid of a computer system. The
internet has offered a lot of platform for useful research purposes; However, Cybercrime is a
worldwide problem that’s costing countries billions of dollars. According to crime-research.org,
as early as 2003 the United States was already leading the world in percentage of cyber-attacks at
35.4 percent, followed by South Korea at 12.8 percent. Countries with high rates of computer
piracy, such as Russia, have reacted slowly to cybercrime. As a result, many hackers and other
cyber criminals can flourish in countries with few Internet crime laws while attacking richer
countries through their computer because it lacks rules and codes of a central authority which
governs it as such internet has no geographical demarcation.41 Halder & Jaishankar:cybercrime and victimization of women: law, rights and regulations (2011)
2 UN Office on Drugs and Crime : Word Drug Report(2005)
3 Saul H : The legal response to the league of crimes(2007)
4 Guillane and Fortinet : http//:www.blog.fortnet.com/author/guillane (2009).
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In Nigeria, cyber-crimes are performed by people of all ages ranging from young to old, but in
most instances the young. Several youths engage in cyber-crime with the aim of emerging as the
best hacker, or as a profit making venture since the tools for hacking in our modern world has
become affordable by many. Mbaskei in his publication on “Cybercrimes: Effect on Youth
Development” noted that secret agents of the UPS (United Parcel Service) smashed a record scam
with a face value of $2.1billion (about N252 billion) in Lagos. The interception was done within
three months. Some of the instruments uncovered by the UPS were documents like Wal – Mart
Money orders, Bank of America cheques, U.S postal service cheques and American Express
traveler’s cheques.
With a sharp increase in the use of Computers, internet and other electronic devices, over 55million
Nigerians are estimated to be internet users. The reason for this is dependent on so many factors
which include convenience and cost. Almost anything can be done on the internet including
Commercial transactions, social networking and easy access to information.
The Cyber World has brought a lot of convenience to people saving time, money and energy.
Although this is good, the Cyber world if unchecked also provides a high risk to human rights,
security and safety of lives and property.
Nigeria’s notoriety in cybercrimes worldwide is an open secret. There is hardly any crime which
is not perpetrated on the cyberspace by Nigerians.
Notwithstanding the inadequacies of cyber law in Nigeria, the crimes have been on increase. And
when anyone is caught in the act, it becomes a problem on how to resolve some procedural
problems. The issues that may arise are the purpose of this research work, the significance and the
research method used will be discussed in this chapter.
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1.1 BACKGROUND OF THE STUDY
Advancements in Information and Communication Technologies (ICTs) have led to the
representation of different types of information in electronic formats. The consequence is that
currently text, pictures and voice can all be digitized. Along with these geometric changes in
information presentation and distribution are tandem demands in user expectations for more rapid,
open and global access to information than has been available in the past. However, this migration
from traditional communication medium to the new media seems to constitute a threat to the
existence of a number of traditional print institutions and has provided a platform for fraudule nt
(criminal) internet activities. Computers are increasingly more affordable and internet connectivit y
is also becoming common place.
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Crime remains pervasive and forever strives to hide itself in the face of development. As measures
and techniques for detecting crimes and criminals advance, criminals also look for means of hiding
from these measures.
Cybercrime is a major concern to the global community. The introduction, growth and utilization
of information and Communication technologies (ICTs) have been accompanied by an increase in
criminal activities. Cybercrime is increasingly astronomical each day as the internet continues to
permeate every nook and cranny of our society and no one can predict the next dimension. The
crime usually attracts attention globally because its impacts are ubiquitous just as its negative
effect is devastating to the economy and leads to investment phobia.
The proliferation of Information and Communication Technology (ICT) in Nigeria (just as in other
countries) has brought with it tremendous changes in socio-economic growth and development in
different facets of Nigerian economy, banking, insurance, stock market, law, production services
etc. Paradoxically, ICT has also evolved to become a sophisticated tool in the hand of criminals
for perpetuating different forms of Cybercrime. Unintended consequences such as email scam,
identity theft, child pornography, organized crime and solicitation for prostitution, fake lotteries
and scam text messages (more frequent on social networks like facebook) as well as cyber piracy
are few of the vices that have become recurring indices on the internet. This ugly trend acts as a
5 Obuh, A.O, Cybercrime Regulation: The Nigerian situation, Delta state university (2010)
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cankerworm against economic development in Nigeria and has compounded the challenges facing
Nigeria in the fight against corruption and other vices.
This research work seeks to show that currently the legal regime is not well suited to face the
challenges posed by Cybercrimes.
STATEMENT OF RESEARCH PROBLEM
This research work will show that the rise in Cybercrimes in Nigeria is an offshoot to other
numerous problems.6 The rise in Cybercrimes such as ATM frauds, piracy, hacking, pornography,
email scams etc. is not favorable to our economic cum socio development. It imparts negatively to
every facet of our nation life; it scares investors and discourages local and foreign investment, it
also erodes public confidence in the financial sector and discourages hard work in academic
environment.
Unfortunately, the country’s image has also suffered as a result of the unscripted activities of some
Nigerians using the internet as a channel for the perpetration of criminal spamming activities.
The major implication of the unconscious acceptance of this menace in the Nigerian society in the
nearest future has created a high level of disinterest in education and touting among young people.
In recent times Nigeria has been labelled as a corrupt nation. There is a need for the Nigerian
government to do something fast and urgent to curb this menace of cybercrime.
Sorunke (2011) maintained that Nigeria at the cyberspace is under threats, with much vulnerability,
many loopholes in our system and with issues bothering on our payment networks. He warned
that, if urgent measures were not taken by businesses and government organisations deploying
web-based platforms for their operations and with the increasing rate of cyber insecurity in Nigeria;
companies might soon be faced with high incidence of hacking, leading to loss of data critical to
a business life and revenue.
6 This include: corruption, ethnicity, nepotism, electoral violence, religious conflict, youth restiveness and unemployment to menti on but a few.
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From the above, it is obvious that the Nigeria’s cyberspace is porous and has no form of legal
protection to regulate activities in Nigeria’s cyberspace.
This work is intended to analyze the existing legal framework for combatting cybercrimes in
Nigeria to see the adequacies or otherwise.
1.2 SIGNIFICANCE OF STUDY
The outcome of this research will be useful to stakeholders in undertaking necessary reform.
This study is primarily aimed at probing the deficiencies of the legal framework for regulating
cybercrime in Nigeria with a view to making suggestions for reform.
1.3 AIMS & OBJECTIVES OF THE STUDY
The principal purpose of this work is to appraise the legal framework in Nigeria for the regulation
of Cybercrimes
The specific objectives are as follows:
i. Discuss the nature and types of cybercrimes
ii. Evaluate the legal regime for combating cybercrimes in Nigeria
iii. Examine the laws regulating Cybercrime in U.K and USA with a view to drawing any useful
lessons for Nigeria.
iv. Examine the Nigerian Cybercrimes (Prohibition & Prevention Act) 2015
v. Examine and Identify the necessary reforms required to strengthen the legal framework to regulate
cybercrime in Nigeria.
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1.4 Research Questions
? What is the perception of Law Enforcement agencies and existing Legal framework to counter
the menace of cybercrimes in a developing country like Nigeria?
? What is the attitude of the legislature to respond to the new trends of cybercrimes such credit card
fraud, phishing, hacking, virus dissemination, cyber piracy and cyber plagiarism?
? How to proffer solutions to the inadequacies of existing legislations?
1.5 Methodology
In order to ensure that this study achieves its aims and objectives, the doctrinal research method is
largely used in the collection of data needed for the research of this work. The research will
combine both primary and secondary sources of materials. The relevant statutes and case laws will
be consulted to assist in this research work.
The nature of the work, however, also demands that much reliance will be placed on internet
materials, textbooks, journals and articles written in the area will also be used.
1.6 SCOPE OF RESEARCH
This study will put into consideration the concept of cybercrime, placing emphasis on the
adequacy of legal framework combatting cybercrime in Nigeria. The various legal instruments
would also be examined, to determine the extent to which these laws, rules and regulations have
been enforced and how effective these laws have been.
1.7 CLARIFICATION OF CONCEPT
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? Cybercrime: Crime that takes place through the use of computers, computer/digital
technology or the internet.
? Legal Framework: Group of constitutional, legislative, regulatory, jurisprudential and
managerial rules establishing rights and obligations by citizens.
? Reform: Make changes in (something, typically a social, political, or practice) in order to
improve it