AN EXPLORATORY ANALYSIS OF THE EFFICACY OF NIGERIA’S CYBERCRIME (PROHIBITION, PREVENTION, ETC.) ACT 2015: LEGAL FRAMEWORKS, CHALLENGES, AND PROSPECTS FOR COMBATING CYBERCRIME

Abstract

One of the most creative and practical inventions of humankind is the development of the internet, computers, and mobile phones. The benefits of these technological advancements are immeasurable. For example, transactions between parties in different jurisdictions can be completed over the internet, and personal correspondence has become easier than it was in the 18th and 17th centuries when letters were used slowly. However, with the convenience of the internet and technology also comes the risk of cyberattacks and data breaches. As more and more sensitive information is shared online, individuals and companies are increasingly vulnerable to hackers and cybercriminals. In a similar spirit, technological advancements have brought about immeasurable harm, raised the frequency of crimes, broadened the scope of illegal activity, and produced a brand-new class of crimes known as cybercrimes. Nigeria, as a country experiencing rapid technological growth, has not been immune to the rise of cybercrime. In response to this growing threat, the Nigerian government enacted the Cybercrime (Prohibition, Prevention, etc.) Act in 2015. This legislation aims to provide a legal framework for combating cybercrime in Nigeria by defining offences, outlining penalties, and establishing procedures for investigation and prosecution. However, the effectiveness of this law in addressing the dynamic nature of cybercrime remains a subject of debate among legal scholars and practitioners. To allow for a detailed examination of the legal framework itself, focusing on the text of the Act and how it compares to international best practices, this research adopted the doctrinal methodology to analyze the key provisions of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, and evaluate its effectiveness in combating cybercrime in Nigeria. The study found that while the Act introduces important provisions such as criminalizing cybercrimes, providing for international cooperation, and establishing the National Cybersecurity Fund, there are still challenges in its implementation and enforcement. These challenges include a lack of adequate resources and expertise within law enforcement agencies, as well as a lack of awareness and understanding among the general public about cybercrime and how to report it. It is concluded, therefore, that the Act does not address emerging cyber threats which are becoming increasingly prevalent. It is recommended that there should be a continuous review and amendment of the Act to keep up with the rapidly evolving nature of cybercrimes and technology.