The Legal Framework Prohibiting Cybercrimes In Nigeria.
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 data collected was reviewed and the findings brought out.
The findings of the paper are that the Nigerian legislations on the subject acknowledge the existing challenges and are on the right track, but need to be strengthened to achieve the desired purpose.
It further observed that there is no unanimous definition of the concept in all jurisdictions which add issue to the subject in terms of challenges.
The study recommends that the recently signed Nigerian Cybercrimes (Prohibition & Prevention Act) 2015 should be actively enforced with a view to bringing our legal framework on par with other jurisdictions as well as proffering other reforms to enhance Cybersecurity in Nigeria
TABLE OF CONTENTS
CERTIFICATION……i
DEDICATION……ii
ACKNOWLEDGEMENT… iii
TABLE OF ABBREVIATIONS……. iv
TABLE OF CASES …..v
TABLE OF STATUTES…vi
TABLE OF CONTENT ……vii
ABSTRACT .viii `
Chapter One INTRODUCTION
1.1 Background to the Study….3
1.2 Statement of the Problem….4
1.3 Significance of the Study…….5
1.4 Aims & Objectives…… 5
1.5 Research Questions …..6
1.6 Research Methodology…6
1.7 Scope of Research……. 6
1.8 Clarification of Concept……6
Chapter Two LITERATURE REVIEW
2.1 Introduction……8
2.2 Definition of Cybercrime…… 8
2.3 Adequacy of Legal Framework for Cybercrime in Nigeria…14
Chapter Three CYBERCRIMES IN NIGERIA
3.1 Introduction… 18
3.2 Cybercrimes in Nigeria…… 18
3.3 Existing Legal Regime for Combating Cyber Crimes……23
3.4 The Nigerian Cybercrimes (Prohibition & Prevention Act) 2015…… 32
3.1 Conclusion… 38
Chapter Four COMPARISON OF INTERNATIONAL PERSPECTIVES OF CYBERCRIMES AND THE NIGERIAN CYBERCRIMES (PROHIBITION, PREVENTION ACT) 2015
4.1 Introduction……39
4.2 International Legislative Framework on Cybercrimes…… 39
4.3 Cybercrime Legislation in other Jurisdictions 42
4.4 Conclusion ………… 45
Chapter Five SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Summary……46
5.2 Conclusion……… 46
5.3 Recommendations …….. 47
BIBLIOGRAPHY
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 victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones”.
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 crimes. Such crimes may threaten a nation’s security and financial health.
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.
BIBLIOGRAPHY
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