AN EXAMINATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORK OF CYBERCRIME IN NIGERIA

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ABSTRACT

Over the years, civilization has made the human race forgo some technologies and adopt newer ones, the advent of computers in place as early computing devices is a perfect example. It is worthy of note that the dynamics and merits the Internet has created, also come with adverse effects and this adverse effect is no other than an incessant rise in Internet-related crimes called "Cybercrime".

In Nigeria, one of the prevailing trends that has been dominant among youngsters is engaging in the so-called internet-related crime also known as "Cybercrime". The Nigerian government as a result sprung up and enacted the Cybercrimes (Prohibition and Prevention) Act in the year 2015 which is the first legislative enactment formulated to combat and prevent the continuous increase of Cybercrime by Nigerian citizens and residents.

This paper will examine the socio-economic impact of cybercrime and also its causes in Nigeria. In addition, there would be an appraisal of the legal and institutionalized framework vis a vis the various challenges that serve as hindrances to the successful prosecution of cybercrime as well as the procedural enforcement of the Cybercrime Act. There would also be a comparative perusal between the Cybercrimes Act and existing foreign legal frameworks such as the European Convention on Cybercrime, the ECOWAS Directive on Cybercrime 2011, and the African Union Convention on Cybersecurity and Personal Data Protection 2014.

This paper seeks to reveal the challenges to the enforceability of the Act as well as to give recommendations that will help circumvent these challenges, some of which include adequate enumeration of enforcement agencies, and strong public enlightenment on the offenses and penalties of cybercrime as provided for in the Act.

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