A COMPERATIVE ANALYSIS OF THE LEGAL FRAMEWORK ON CYBERCRIME PREVENTION IN NIGERIA WITH UNITED STATES OF AMERICA, CANADA AND EGYPT
Abstract
The introduction to computers and other digital contrivance to the modern world has simplified many hitherto, laborious activities. Over the years, Nigeria and Nigerians have been constantly fingered as the main actors in cybercrime activities worldwide. Unfortunately, the situation escalated unabated for a long time partly due to Nigeria's inherent demons: corruption, poverty, lack of effective regulatory framework, etc. The Cybercrimes (Prohibition, Prevention, etc) Act of 2015 was enacted and infused with copious provisions all aimed at combating the alarming incidence of cybercrime in Nigeria. In February 2024, the National assembly enacted the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024 to improve and enhance the provision of the Cybercrimes (Prohibition, Prevention, etc) Act of 2015. Notwithstanding the amendment however, the Act is still deficient in certain material respect, which could hamper its effective implementation. Therefore, this study is an appraisal of the legal frameworks for cybercrime prevention. This research work adopted doctrinal research method in its quest to appraise the provisions of the Cybercrime Act in order to determine its efficacy in tackling cybercrime in Nigeria. It was found, among other things, that as laudable as the provisions of the Cybercrime Act are, the Act is, however, still silent on some key issues, which are paramount to its enforcement. These challenges include the absence of the definition of cybercrime, conflict with other substantive laws, and lack of vibrant coordinating body for the enforcement of the Cybercrime Act etc. It was therefore, recommended that the Act just like in the USA and Canada be brought in harmony with the provisions of the conflicting statutes, and that Nigeria should accede to international treaties on the prevention of cybercrime thereby, encouraging entrepreneurship practice among Nigerian youths.
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