CYBERCRIME AND LEGAL RESPONSES; THE CHALLENGES OF PROSECUTING ONLINE FRAUD AND HACKING
Abstract
ABSTRACT
This study investigates the legal framework governing cybercrime prosecution in Nigeria, with particular emphasis on the effectiveness of existing laws, enforcement mechanisms, and judicial processes. The study adopts a doctrinal research methodology, relying on primary sources such as statutes, case law, and international instruments, as well as secondary sources including textbooks, journal articles, policy reports, and official publications. It analyses the substantive and procedural provisions of the Cybercrimes Act 2015, the Evidence Act 2011, and related legislation, alongside judicial decisions on electronic evidence and cybercrime trials. The research finds that while Nigeria possesses a relatively comprehensive legal framework for combating cybercrime, its enforcement is hindered by challenges such as inadequate technical capacity of law enforcement agencies, evidential difficulties relating to electronic evidence, jurisdictional constraints, delays in prosecution, and limited inter-agency and international cooperation. The study further observes that sentencing practices and institutional coordination remain inconsistent, thereby undermining deterrence. The research concludes that effective prosecution of cybercrime in Nigeria requires legislative reforms, enhanced capacity building for investigators and prosecutors, improved judicial training in digital evidence, and strengthened domestic and international cooperation. It recommends targeted amendments to the Cybercrimes Act, greater investment in forensic infrastructure, and the establishment of specialised cybercrime prosecution mechanisms to enhance accountability and justice delivery.
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