The Nigerian Cybercrime Act 2015: An Evaluation

Kelvin Bribena PhD

doi:10.56201/JLGP.v9.no2.2024.pg139.146

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The Nigerian Cybercrime Act 2015: An Evaluation

Kelvin Bribena PhD

Abstract

The extensive usage of electronic mail and the increasing dependence on information found online are examined in this work. These developments have had a profound impact on society structures and human behaviour. An unprecedented increase in the amount of information and knowledge that can be gained from it has been brought about by the ease with which information stored in cyberspace or processed by computer systems can be accessed, as well as the nearly endless opportunities for its exchange and dissemination across national boundaries. Critical industries including aviation, energy, banking, security, healthcare, and education increasingly heavily rely on information technology (IT). IT has decreased operating costs and increased efficiency in many domains, but it has also increased vulnerability to crossborder intrusions. In order to analyse the topic, the study used a doctrinal research approach using both primary and secondary data sources, such as legislation, treaties, declassified papers, government statistics, and local laws. According to research, the Cybercrime Act is a major step forward in combating cybercrime and associated offences. It is Nigeria's first allinclusive legislative framework that criminalises internet activity, lays out penalties, and creates legal processes for inquiry, prosecution, and enforcement. In the framework of international legal cooperation and mutual aid, the Act also addresses the problem of dual criminality. However, there are still issues, especially with the institutional structure that governs its application and enforcement.

Keywords

CybercrimeCybercrime Actconventiondata protectioninformation technology

References

1 Council of Europe Convention on Cybercrime 23 November 2001<www.refworld.org/docid/47fdfb202.html> accessed 3 August 2024 (The Budapest Convention). 2 The Federal Government of Nigeria, 'National Cyber security Strategy' (2014) <https://cert.gov.ng/images/uploads/NATIONAL_CYBESECURITY_STR ATEGY.pdf> accessed 2 May 20243 Electronic Communications and Transactions Amendment Bill, 2012<http://cybercrime.org.za/definition#> accessed 4 May 2024 4 Sections 3 and 5 5 Section 28 criminalizes the importation and fabrication of E-Tools. Article 6of the Budapest Convention makes provisions for this offence as the Misuse of Devices. 6 Section 6(1). 7 Sections 9 and 12. 8 Section 8. 9 Section 18. 10 Section 13 11 Section 22. 12 Section 22. 13 Section 23. 14 Section 26. 15 Section 3 16 See also Articles 24 and 25 of the African Union Convention on Cyber Security and Personal Data Protection 2014. 17 A maximum punishment of life imprisonment is prescribed by the Act 18 See Article 3 of the Convention. 19 Halford v The United Kingdom [1997] 24 EHRR 523; [1997] ECHR 3220 Section 16 21 Section 29(1). TPA 2011 as amended22 Section 5. 23 Section 15. 24 Section 30 25 Section 33. 26 Council of Europe, Additional Protocol to the Convention on cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems, 28 January 2003<www.refworld.org/cgi-bin/texis/vtx/rwmain?docid=47fdfb20f> accessed 6 May 2024. 27 Economic Community of West African States (ECOWAS), Directive C/DIR. 1/08/2011 on Fighting Cybercrime Within ECOWAS <https://ccdcoe.org/sites/default/files/documents/ECOWAS-110819- FightingCybercrime.pdf> accessed 7 May 2024 (ECOWAS Cybercrime Directive).28 Section 1(2) Terrorism Prevention Act, 2011 29 Section 3 TPA 30 Section 25 31 Article 2(1) of the Budapest Convention.32 Article 20 33 Article 19 34 Council of Europe, Explanatory Report to the Convention on Cybercrime, para149<https://rm.coe.int/CoERMPublicCommonSearchServices/Display DC TM Content? document Id=09000016800cce5b>accessed 8 May 2024 35 Some caution is required here in outlining details of the requirements. Some entities may be exposed to a regime that sets a limit on duration for keeping subscriber information 36 See section 58 of the CPPA 37 Section 55 CPPA38 Section 41(1) CPPA 39 Section 42 40 Section 44 41 Section 44 (5)

The Nigerian Cybercrime Act 2015: An Evaluation

Abstract

Keywords

References

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