A CRITIQUE OF CYBERCRIME AND THE LAW: CHALLENGES AND THE WAY FORWARD

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ABSTRACT

The domains of modern activities have extended beyond the turfs of land, sea, air and space to include the cyberspace. The advancement in technology has gained universal acceptance which has made the use of computer system and the internet almost unavoidable in today’s world. Most of the facets of all human activities which include but not limited to; banking, health, commercial, media, education, entertainment, religion etc. are now internet based. However, this progressive and welcoming development of the internet has also come with its adverse effect due to the growing rate of internet-related crimes called ‘cybercrime’ that takes place in cyberspace where criminal activities have progressed almost unhindered. It is the existence of the high rate of criminality in the cyberspace that led to this research. The research examines the legal frameworks on the subject matter adopting the doctrinal methodology. The research finds that the increasing rate of cybercrime in Nigeria has been linked with weak or nonexistent legal and regulatory frameworks on cybercrime and cyber security, failure of the relevant law enforcement agencies to implement the existing laws which are to prevent and combat the challenges posed by this crime in Nigeria. The research also finds that the high rate of educated youth unemployment, contribute to the menace and must be addressed headlong. A careful examination of these laws also shows that there are gaps that needs to be filled if the battle against cybercrime is to be won and this research has been significant in this regard. This research, therefore attempts to proffer bridges to these gaps. Based on the findings, the research recommends the frequent review of legislations to keep abreast with the dynamics of cyberspace and cybercrime. It further recommends that information technology professionals be involved at the law-making process so as to help make laws that would be in line with the extant level of technology, training of law enforcement agencies, recruitment of skilled personnel, engagement of expert in prosecution of cybercrimes, online reporting system of cybercrime, public enlightenment, international cooperation, poverty alleviation and employment generation among host of others. Following the recommendations, the research concludes that, if holistically implemented, will be recipe for preventing and combating the menace of cybercrime in Nigeria. 

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