ANALYZING THE PROVISONS OF THE CYBERCRIME ACT 2015, IN COMBATING CYBER OFFENCES IN NIGERIA

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background of the Study: Due to the advancement of technology in this 21st century, the world has now become more or less a digital world. Technology has brought together nations and the world has now become a global village. The economy of most nations in the world is accessible through the aid of electronic via the internet. The arrival of Information Communication and Technology (ICT) into many aspects of everyday life has led to the development of the modern concept of the information society. Currently, there are over 5 billion internet users and over 7.33 billion mobile phone connections worldwide. According to the National Bureau of Statistics it revealed that as at the fourth quarter of 2022, the number of internet users in Nigeria stood at 154.8 million. Crimes have been assigned different meanings by different schools of thought as expressed by different authors but there has not been a singular acceptable definition of crimes. Crime is a legal wrong for which the offender is punished at the instance of the state. Crime is an act or omission involving the breach of a duty punishable by indictment, in the public interest. Under the law of England, crime is a legal wrong that can be followed by criminal proceeding which may result in punishment. A crime is a human conduct which the state decides to prevent by threat of punishment and through legal proceeding of a special kind. According to the fundamental principle of law, all crimes must be written and an unwritten crime is not a crime. The emergence of computer technology brought about a new wave of crime which was not explicitly covered by the criminal code and this led to the possibility of committing crimes on the internet. A well-known cases of the Hushpuppi and Abba Kyari’s is an evident and popular example and case study for the issue of cybercrime. The arrival of Internet Technology has revolutionized every aspect of human life. It has changed the way we work and live, and we have come to depend on it in every sphere of our activities. From a population of sixteen million connected to the internet in 1995, we now have more than five billion and growing. It is projected that internet connectivity will double in the coming years as a result of some factors: expansion of the internet’s generic domain name space and the growing prevalence of tablets and smartphones with internet access. While the benefits of global connectivity have grown exponentially, the Internet has also become an irresistible magnet for the preparation and commission of crimes known as ‘cybercrimes. The fact that prior to the enactment of the Nigerian Cybercrime Act 2015, there had been diverse connotations of what acts amount to cybercrimes. Therefore, it would have been expected that such pieces of legislation would at least include a workable definition of cybercrime. The absence of a definition of cybercrime in the statute book creates difficulty in establishing what exactly can be attributed to this term. However, the Black’s Law Dictionary defines cybercrime as a crime involving the use of computer, such as sabotaging or stealing electronically stored data. For the purpose of this research, the researcher shall be adopting this definition as a working definition. Again, Nigeria is not immune from cybercrime and its ugly effects. The Nigerian experience of cybercrime assumed a terrifying dimension in the early 2000 and is still on the rise with the advent of GSM phones, sophisticated computers and an influx of network providers which affords everyone equal opportunity to access the internet. With more than one and fifty million users,the country’s anti-corruption agency, the Economic and Financial Crimes Commission (EFCC) is faced with an uphill struggle to contain an epidemic of cybercrime. It is a challenge that persists despite the organisations partnership with the US Federal Bureau of Investigation, Microsoft and Africa’s giant telecoms company, MTN. Cybercrime, popularly known as “Yahoo Yahoo” in Nigeria, is one of the most common forms of international crime, with damage from the activity expected to cost the global economy $10.5 trillion a year by 2025, according to Cybersecurity Ventures, a company that provides research into the evolving threat. In May 2023 the Economic and Finiacial Crimes Commission arrested not less than 258 internet fraudsters. Nigeria was also ranked 16th globally among countries most affected by internet crime, according to the US Federal Bureau of Investigation (FBI) report. Recently, the perception of cybercrime in Nigeria was one of scammers targeting people outside the country’s borders, such as the infamous 419 scam. The was exemplified in the high-profile arrest of Ramoni Abbas, popularly known as Ray Hushpuppi in 2020. He was known for flaunting a lavish lifestyle of private jets, designer clothes and luxury cars worth millions of dollars. The 419 scams, also called advance fee fraud, are still so common that the FBI carries a warning on its official website, cautioning against responding to “a letter or e-mail from Nigeria asking you to send personal or banking information”. In Nigeria, there exists some local legislation which though were not directly made for the control of cybercrimes, but had some provisions which if properly enforced will lead to the control of some types of cybercrimes. These provisions can be found in some laws such as the Economic and Financial Crimes Commission (EFCC) Act, 2004, Advanced Fee Fraud Act, The Criminal Code Act, the Evidence Act, etc. The inadequacies in these laws and the proliferation of cybercrimes in Nigeria prompted the Nigeria National Assembly to enact the Cybercrime (Prohibition and Prevention etc) Act, 2015 (The Cybercrime Act). With the enactment of this law, the nation’s socio-economic environment ought to heave a sigh of relief. Regrettably however, this principal legislation made solely for the purpose of fighting cybercrime in Nigeria is marred with shortcomings which if not checked will vitiate the purpose of the enactment with respect to its implementation. 1.2. Statement of the Problem Cybersecurity experts have expressed worry on low level of successfully prosecuted cybercrimes and reported cybercrime incidents to the police in Nigeria, saying that such a situation will make it difficult to achieve success in the fight against cyber- attacks. According to the 2020 Africa Cyber Security report for Nigeria, “Only 2.6 percent of 21.3 percent of reported cybercrime incidents to the police were successfully prosecuted”. The technicalities involved in the pursuit of a free cyberspace in Nigeria is a very important issue in this research work. The inability to have a physical evidence and non-availability of a real crime scene. The admissibility of electronically generated evidence is another matter to be tackled in this research work. The special fraud unit in the police department in Nigeria are not properly trained to connote the ‘special’ they are being called. The enforcement of cybercrime laws is another challenge in Nigeria. How efficacious are these laws that are in place? It is unfortunate that cybercrime laws are even unknown and the ones that are known are not complied with to the letter. 1.3. Aims and Objectives a) To examine the concept of cybercrime, particularly as it relates to Nigeria; b) To critically examine the Cybercrime (Prevention and Prohibition) Act of 2015 c) To examine the adequacy of the legal framework as well as the competence of the agency in charge of cybercrime; 1.4. Research Questions This research seeks to proffer answers to the following questions: a) What is the concept of cybercrime in Nigeria? b) How efficacious are the laws against cybercrimes? c) Are there available frameworks for the enforcement of cybercrime law? d) To what extent can we learn from other countries on how to combat cybercrimes in Nigeria? 1.5. Research Methodology In an attempt to answer the above questions, doctrinal and comparative study approach is used throughout the dissertation. Primary sources like the Police Act, Cybercrime Act, Evidence Act, decided cases from courts of jurisdiction and secondary sources like books and journals will be used in the course of this research. The comparative study research method will involve comparing the cybercrime systems, laws and enforcement procedures in South Africa and Nigeria. The comparison between South Africa and Nigeria was made because South Africa is a fast developing African country like Nigeria with a rise in cybercrime and Nigeria should be able to learn some lessons from its African counterpart in their fight against cybercrime. 1.6. Significance of the Study The significance of this study cannot be overemphasized. This is because this study would be of benefit to every internet user or subscriber; those who constantly carry out business, educational, and financial transaction activities on the internet. The study is aimed at analyzing the recently enacted legislation on cyber-crime laws along with its shortcomings and challenges in combatting cyber-crime activities in Nigeria. The government, law and policy makers would also find this study very useful and handy as they attempt to come up with feasible and effective solutions to this rising issue of cyber-crime in Nigeria. Similarly, this work would further support law enforcement agencies with their aim to stopping cyber-crimes by giving suggestions and recommendations on ways in which they can enforce and equip themselves to be ready to combat cyber-crimes in Nigeria. This study would also help Law researchers and even those in related discipline in their future research. 1.7 Scope and Limitation of the Study: This scope of this research covers the major cyber laws in Nigeria which regulates and prevent cybercrimes in Nigeria. The major focus been the Cybercrime (Prevention and Protection Act) 2015, this been the latest law in place for the regulation of Cybercrime. Thus, the work will critically examine the provisions of the Cybercrime Act, 2015 and relate it effective it has been in curbing cybercrime in Nigeria. 1.8. Literature Review Okonigene et al in looking at cybercrime in Nigeria examined cybercrime vis-à-vis the Economic and Financial Crimes Commission Act, 2004 and the Criminal Code as laws available in combating cybercrime in Nigeria. The author restricted his work to two Laws whereas there are numerous others such as the Advanced Fee Fraud and other Related Offences Act, the money Laundering (Prohibition) Act, the Nigerian Evidence Act etc. which indirectly ensures the control of cybercrime. Babafemi while looking at the legal framework on cybercrime in Nigeria analysed in detail the legal and institutional framework for cybercrime control in Nigeria. The author examines extensively, the causes and effects as well as the history of cybercrime and cybercrime laws with particular reference to Nigerian circumstance in chapter two. Sekav discussed the legal and institutional frameworks relevant for International Corporation against cybercrime in Nigeria. Although the work is very elaborate on the laws and enforcement agencies, it dwells more on international laws and frameworks for combating cybercrime. Succinctly, Adejoke discusses the impacts and challenges of Information and Communication Technology in the fields of Commerce, Banking and other businesses in Nigeria. The author opined that there is a need for legislative intervention but the fragmented ICT laws and multi-layered regulatory institutions. Ibrahim et al in their article examined sections 52(4) (b) and 52(2) of the Cyber Crimes (Prohibition, Prevention Etc) Act, 2015, to the effect that the Act provides for international corporation by the Attorney-General of the Federal Republic of Nigeria and other countries without the existing multilateral or bilateral agreement for this collaboration as well as the provision for extradition orders in laws of the other countries. According to the author, when one country’s law criminalises high tech and computer related crimes and another country’s law does not, cooperation to solve or eradicate such crimes may not be possible. Where there is no extradition treaty between Nigeria and a foreign country, offenders may not be extradited to Nigeria for the purpose of prosecution and this in turn will vitiate the provision of section 51 which provides that offences under the Act shall be extraditable under the Act. Ani in her work, Cybercrime and the National Security in Nigeria‖ is of the opinion that enforcement officials cannot effectively pursue cybercriminals unless they have the legal tools necessary to do so. Cybercrime in Nigeria: A Review by O.C. Jerome and J.E. Udensi provides a comprehensive overview of cybercrime in Nigeria, including its history, prevalence, types, and impacts. It also discusses the challenges of combating cybercrime in Nigeria, and proposes a number of recommendations for improving cybersecurity in the country. This is book is a well-written and informative resource on the subject of cybercrime in Nigeria. It is based on a thorough review of the literature, and it provides a number of valuable insights into the nature of the threat and the challenges of combating it. However, the book could have benefited from a more detailed discussion of the latest trends in cybercrime in Nigeria, and of the emerging technologies that are being used to commit cybercrimes. Cybercrime in Nigeria: A Growing Threat by S.O. Alabi and A.S. Adeyemi , discusses the growing prevalence of cybercrime in Nigeria, and the challenges that the country faces in combating it. The authors argue that cybercrime is a serious threat to Nigeria's economy and security, and that the government needs to take urgent steps to address the problem. This article provides a good overview of the challenges of combating cybercrime in Nigeria. However, it could have benefited from a more detailed discussion of the specific types of cybercrimes that are prevalent in the country, and of the modus operandi of cybercriminals in Nigeria. Cybersecurity in Nigeria: Challenges and Solutions by C.J. Oforji, J.E. Udensi, and K.C. Ibegbu discusses the challenges of cybersecurity in Nigeria, and proposes a number of solutions for improving cybersecurity in the country. The authors argue that cybersecurity is essential for protecting Nigeria's critical infrastructure, its economy, and its citizens. This book is a well-written and informative resource on the subject of cybersecurity in Nigeria. It is based on a thorough review of the literature, and it provides a number of valuable insights into the challenges of cybersecurity in Nigeria and the solutions that are needed to address them. However, the book could have benefited from a more detailed discussion of the role of the government in promoting cybersecurity in Nigeria. Cybercrime and National Security in Nigeria by O.O. Olaoye and A.A. Adebayo , discusses the impact of cybercrime on national security in Nigeria. The authors argue that cybercrime poses a serious threat to Nigeria's national security, and that the government needs to take urgent steps to address the problem. This article provides a good overview of the impact of cybercrime on national security in Nigeria. However, it could have benefited from a more detailed discussion of the specific ways in which cybercrime is threatening Nigeria's national security, and of the specific measures that the government can take to mitigate these threats. Overall, the literature on cybercrime in Nigeria is still relatively limited. However, the works reviewed in this literature review provide a valuable foundation for understanding the nature of the threat and the challenges of combating it. From all the literature discussed above, the writers of this dissertation observe that cybercrime is a nefarious crime with attendant evils, and therefore all hands must be on deck to urgently combat it, that is, there should be synergy of energy or collaboration among all to combat it. 1.9 Structure of the Study This study is divided into five chapters. Chapter one of this work is general introduction. Here, the concept of crime and cybercrime is discussed; a brief background to the research is stated, the statement of the problem necessitating the study is also stated. It further states the aim and objectives of the study. There is also a statement of the research methodology, as well as review of relevant literature. Chapter two discusses the concept of cybercrime, its history, effect on Nigeria as an economy and types and nature of cybercrimes. The chapter further analyzes the reasons why people engage in cybercrimes and the admissibility of electronically generated evidence. Chapter three critical analyzes the Cybercrime Act of 2015; its objectives, offences under the act, administration and enforcement procedures and son on. Chapter examines holistically, other regulatory frameworks for combating cybercrime, this includes the legal and institutional frameworks. Chapter five is the concluding chapter. The chapter summarizes the whole study, presents the findings and make appropriate recommendations.