TABLE OF ABBREVIATIONS
AC – Appeal Cases
AG – Attorney General
CA – Court of Appeal
CBN – Central Bank of Nigeria
CFRN – Constitution Federal Republic of Nigeria
CMA – Computer Misuse Act
Ed. – Edition
EFCC – Economic and Financial Crimes Commission
ECPA – Electronic Communications Privacy Act
FRN – Federal Republic of Nigeria
FSC – Supreme Court Cases
GSM – Global System for Mobile Communications
IBID – Same Place/As above Ibidem
ICT – Information and Communications
Technology
LFN – Laws of the Federation of Nigeria
NIIPA – National Information Infrastructure
Protection Act
NIJ – National Institute of Justice
NWLR – Nigeria Weekly Law Reports
OP.Cit – Previously Cited
SC – Monthly Judgments of the Supreme Court
VOL – Volume
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TABLE OF CONTENTS
CERTIFICATION…………………………………………………………………………………………………….…………………i
DEDICATION………………… ………………………………………………………………………………….……………………ii
ACKNOWLEDGEMENT…………………………………………………… .…………………………………………………… iii
TABLE OF ABBREVIATIONS……………………………………………………………………………………………………. iv
TABLE OF CASES …………………………………………………………… ………………………………………………………v
TABLE OF STATUTES ….………………………………………………..…………………………………………………………vi
TABLE OF CONTENT …………………………………………………….………………………………………………………vii
ABSTRACT ………………………………………………………………………………………………………………………….viii `
CHAPTER ONE
INTRODUCTION 1
1.1 Background to the Study…………………………………………………………… ….3
1.2 Statement of the Problem……………………………………………………………….4
1.3 Significance of the Study…………………………………………………………….….5
1.4 Aims & Objectives………………………………………………………………………5
1.5 Research Questions ………………………………………………………………………6
1.6 Research Methodology……………………………………………………..……………6
1.7 Scope of Research……………………………………………………….…..…………..6
1.8 Clarification of Concept……………………………………………….……..…………6
CHAPTER TWO
LITERATURE REVIEW
2.1 Introduction……………………………………………………………….……………8
2.2 Definition of Cybercrime…………………………………….…………………………8
2.3 Adequacy of Legal Framework for Cybercrime in Nigeria……………………………………14
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CHAPTER THREE
CYBERCRIMES IN NIGERIA
3.1 Introduction…………………………..……………………………………………18
3.2 Cybercrimes in Nigeria…………………………………………………….………18
3.3 Existing Legal Regime for Combating Cyber Crimes………….……….…………23
3.4 The Nigerian Cybercrimes (Prohibition & Prevention Act) 2015…………………32
3.1 Conclusion………………………………..………………………………..………38
CHAPTER FOUR
COMPARISON OF INTERNATIONAL PERSPECTIVES OF CYBERCRIMES AND THE NIGERIAN CYBERCRIMES (PROHIBITION, PREVENTION ACT) 2015
4.1 Introduction……………..………………………………………………………39
4.2 International Legislative Framework on Cybercrimes…………………………39
4.3 Cybercrime Legislation in other Jurisdictions….………………………………42
4.4 Conclusion ………………………………………………..……………………45
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Summary…………………..……………………………………………………46
5.2 Conclusion………………………………………………………………………46
5.3 Recommendations …………………………………..…………………..………47
BIBLIOGRAPHY
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TABLE OF CASES
ABACHA V. FAWENHINMI (2000) 4FWLR 533 at 546
EGBUE V. ARAKA (1996) 2 NWLR (PT 433) 688
ESSO WEST AFRICA INC V. T. OYEGBOLA (1969) 1 NMLR 194, SC
FEDERAL REPUBLIC OF NIGERIA V. CHIEF EMMANUEL &
ORS SUIT NO: CA/245/05
ONWUDIWE V. FEDERAL REPUBLIC OF NIGERIA SUIT NO
SC 41/2003; (2006) 10 NWLR (PT 988) 382
RE ALEXANDER GIBB & ORS V. CBN & ORS CBN 419
CASES www.cenbank.org/419/alexgibb.asp
R V. CABABEDI (1959) 4 FSC 48
R V. GOLD (1998) AC 1063
S V. DOUVENGA CASE NO 111/150/2003 93 C. APPR
UNITED STATES V. GORSHOV (2001) WL 1024026
UNITED STATES V. LEE 15 JOHNS 484 (N.V. 18177) 1998
UNITED STATES V. MORRIS (1991) 928 F. 2d 504
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TABLE OF STATUTES
BILLS OF NATIONAL ASSEMBLY
Computer Security and Information Infrastructure Protection Bill, 2005
Cyber Crime Bill, 2004
Cyber Crime Bill, 2013
Cyber Security Bill, 2011
Cyber Security and Data Protection Agency (Establishment) Bill, 2008
Electronic Fraud and Prohibition Bill, 2008
The EFCC Act (Amendment) Bill, 2010
The Nigerian Computer Security and Protection Agency Bill, 2009
INDIA
Information Technology Act 2000
INTERNATIONAL
Council of Europe Cybercrime Convention
NIGERIA
Advanced Fee Fraud and other Related Offences Act Cap A14 LFN 2004
Banks and other Financial Institutions Act Cap B3 LFN, 2004
Code of Conduct Bureau and Tribunal Act Cap C15 LFN, 2004
Constitution Federal Republic of Nigeria 1999 as amended
Corrupt Practices and other Related Offences Act 2000
Criminal Code Act Cap C38 LFN 2004
Economic and Financial Crimes Commission (Establishment) Act Cap E1 LFN 2004
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Evidence Act 2011
Failed Banks (Recovery of Debts) and Financial Malpractices Act Cap F2 LFN, 2004
Recovery of Public Property (Special Military Tribunal 1990
UNITED STATES
Electronic Communications Privacy Act 1986
National Information Infrastructure Protection Act 1996
UNITED KINGDOM
Copy Right Designs and Patent Act 1988
Computer Misuse Act 1990
Police and Justice Act 2008
Public Order Act 1986
Serious Crime Act 2008
Terrorism Act 2001
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ABSTRACT
Technological progress is like an axe in the hands of a pathological criminal – Albert Einstein
This Study focuses on the legal framework prohibiting Cybercrimes in Nigeria. Cybercrime involves using computers and internet by individuals to commit crime. The transformation of Information and communication technology (ICT) in today’s live has become a blood and bone relationship. The people across the globe are technologically transformed to the extent that life depends on technology. The application of ICT covers every facet of human life and that has led to the birth of unanticipated rates of crimes coming in a borderless form. The paper examines the types of cybercrimes prevalent in Nigeria, international conventions approach and other jurisdictional practices with a view to abreast the application of legal framework of cybercrimes both in the Nigerian context and international community. The methodology adopted in the paper is doctrinal research approach wherein relevant data collected was reviewed and the findings brought out. The findings of the paper are that the Nigerian legislations on the subject acknowledge the existing challenges and are on the right track, but need to be strengthened to achieve the desired purpose. It further observed that there is no unanimous definition of the concept in all jurisdictions which add issue to the subject in terms of challenges. The study recommends that the recently signed Nigerian Cybercrimes (Prohibition & Prevention Act) 2015 should be actively enforced with a view to bringing our legal framework on par with other jurisdictions as well as proffering other reforms to enhance Cybersecurity in Nigeria.
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CHAPTER ONE
INTRODUCTION
Cyber Crime is one of the words frequently used by individuals in our contemporary Society. To understand the true meaning of cybercrime, there is the need to understand the basic meaning of Cyber and Crime. The term “Cyber” is a prefix used to describe an idea as part of the computer and Information age and “Crime” can be described as any activity that contravenes legal procedure mostly performed by individuals with a criminal motive. Cybercrimes are defined as: “Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones”1, It has also been defined as conduct that entails the use of digital technologies in the commission of the offence; directed at computing and communications technologies or involves the incidental use of computers with respect to the commission of other crimes2. Such crimes may threaten a nation’s security and financial health3.
Cybercrime can simply be explained as crimes carried out with the aid of a computer system. The internet has offered a lot of platform for useful research purposes; However, Cybercrime is a worldwide problem that’s costing countries billions of dollars. According to crime-research.org, as early as 2003 the United States was already leading the world in percentage of cyber-attacks at 35.4 percent, followed by South Korea at 12.8 percent. Countries with high rates of computer piracy, such as Russia, have reacted slowly to cybercrime. As a result, many hackers and other cyber criminals can flourish in countries with few Internet crime laws while attacking richer countries through their computer because it lacks rules and codes of a central authority which governs it as such internet has no geographical demarcation.4
1 Halder & Jaishankar:cybercrime and victimization of women: law, rights and regulations (2011)
2 UN Office on Drugs and Crime : Word Drug Report(2005)
3 Saul H : The legal response to the league of crimes (2007)
4 Guillane and Fortinet : http//:www.blog.fortnet.com/author/guillane (2009).
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In Nigeria, cyber-crimes are performed by people of all ages ranging from young to old, but in most instances the young. Several youths engage in cyber-crime with the aim of emerging as the best hacker, or as a profit making venture since the tools for hacking in our modern world has become affordable by many. Mbaskei in his publication on “Cybercrimes: Effect on Youth Development” noted that secret agents of the UPS (United Parcel Service) smashed a record scam with a face value of $2.1billion (about N252 billion) in Lagos. The interception was done within three months. Some of the instruments uncovered by the UPS were documents like Wal – Mart Money orders, Bank of America cheques, U.S postal service cheques and American Express traveler’s cheques.
With a sharp increase in the use of Computers, internet and other electronic devices, over 55million Nigerians are estimated to be internet users. The reason for this is dependent on so many factors which include convenience and cost. Almost anything can be done on the internet including Commercial transactions, social networking and easy access to information.
The Cyber World has brought a lot of convenience to people saving time, money and energy. Although this is good, the Cyber world if unchecked also provides a high risk to human rights, security and safety of lives and property.
Nigeria’s notoriety in cybercrimes worldwide is an open secret. There is hardly any crime which is not perpetrated on the cyberspace by Nigerians.
Notwithstanding the inadequacies of cyber law in Nigeria, the crimes have been on increase. And when anyone is caught in the act, it becomes a problem on how to resolve some procedural problems. The issues that may arise are the purpose of this research work, the significance and the research method used will be discussed in this chapter.
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1.1 BACKGROUND OF THE STUDY
Advancements in Information and Communication Technologies (ICTs) have led to the representation of different types of information in electronic formats. The consequence is that currently text, pictures and voice can all be digitized. Along with these geometric changes in information presentation and distribution are tandem demands in user expectations for more rapid, open and global access to information than has been available in the past. However, this migration from traditional communication medium to the new media seems to constitute a threat to the existence of a number of traditional print institutions and has provided a platform for fraudulent (criminal) internet activities. Computers are increasingly more affordable and internet connectivity is also becoming common place.5
Crime remains pervasive and forever strives to hide itself in the face of development. As measures and techniques for detecting crimes and criminals advance, criminals also look for means of hiding from these measures.
Cybercrime is a major concern to the global community. The introduction, growth and utilization of information and Communication technologies (ICTs) have been accompanied by an increase in criminal activities. Cybercrime is increasingly astronomical each day as the internet continues to permeate every nook and cranny of our society and no one can predict the next dimension. The crime usually attracts attention globally because its impacts are ubiquitous just as its negative effect is devastating to the economy and leads to investment phobia.
The proliferation of Information and Communication Technology (ICT) in Nigeria (just as in other countries) has brought with it tremendous changes in socio-economic growth and development in different facets of Nigerian economy, banking, insurance, stock market, law, production services etc. Paradoxically, ICT has also evolved to become a sophisticated tool in the hand of criminals for perpetuating different forms of Cybercrime. Unintended consequences such as email scam, identity theft, child pornography, organized crime and solicitation for prostitution, fake lotteries and scam text messages (more frequent on social networks like facebook) as well as cyber piracy are few of the vices that have become recurring indices on the internet. This ugly trend acts as a
5 Obuh, A.O, Cybercrime Regulation: The Nigerian situation, Delta state university (2010)
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cankerworm against economic development in Nigeria and has compounded the challenges facing Nigeria in the fight against corruption and other vices.
This research work seeks to show that currently the legal regime is not well suited to face the challenges posed by Cybercrimes.
STATEMENT OF RESEARCH PROBLEM
This research work will show that the rise in Cybercrimes in Nigeria is an offshoot to other numerous problems.6 The rise in Cybercrimes such as ATM frauds, piracy, hacking, pornography, email scams etc. is not favorable to our economic cum socio development. It imparts negatively to every facet of our nation life; it scares investors and discourages local and foreign investment, it also erodes public confidence in the financial sector and discourages hard work in academic environment.
Unfortunately, the country’s image has also suffered as a result of the unscripted activities of some Nigerians using the internet as a channel for the perpetration of criminal spamming activities.
The major implication of the unconscious acceptance of this menace in the Nigerian society in the nearest future has created a high level of disinterest in education and touting among young people.
In recent times Nigeria has been labelled as a corrupt nation. There is a need for the Nigerian government to do something fast and urgent to curb this menace of cybercrime.
Sorunke (2011) maintained that Nigeria at the cyberspace is under threats, with much vulnerability, many loopholes in our system and with issues bothering on our payment networks. He warned that, if urgent measures were not taken by businesses and government organisations deploying web-based platforms for their operations and with the increasing rate of cyber insecurity in Nigeria; companies might soon be faced with high incidence of hacking, leading to loss of data critical to a business life and revenue.
6 This include: corruption, ethnicity, nepotism, electoral violence, religious conflict, youth restiveness and unemployment to mention but a few.
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From the above, it is obvious that the Nigeria’s cyberspace is porous and has no form of legal protection to regulate activities in Nigeria’s cyberspace.
This work is intended to analyze the existing legal framework for combatting cybercrimes in Nigeria to see the adequacies or otherwise.
1.2 SIGNIFICANCE OF STUDY
The outcome of this research will be useful to stakeholders in undertaking necessary reform.
This study is primarily aimed at probing the deficiencies of the legal framework for regulating cybercrime in Nigeria with a view to making suggestions for reform.
1.3 AIMS & OBJECTIVES OF THE STUDY
The principal purpose of this work is to appraise the legal framework in Nigeria for the regulation of Cybercrimes
The specific objectives are as follows:
i. Discuss the nature and types of cybercrimes
ii. Evaluate the legal regime for combating cybercrimes in Nigeria
iii. Examine the laws regulating Cybercrime in U.K and USA with a view to drawing any useful lessons for Nigeria.
iv. Examine the Nigerian Cybercrimes (Prohibition & Prevention Act) 2015
v. Examine and Identify the necessary reforms required to strengthen the legal framework to regulate cybercrime in Nigeria.
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1.4 Research Questions
What is the perception of Law Enforcement agencies and existing Legal framework to counter the menace of cybercrimes in a developing country like Nigeria?
What is the attitude of the legislature to respond to the new trends of cybercrimes such credit card fraud, phishing, hacking, virus dissemination, cyber piracy and cyber plagiarism?
How to proffer solutions to the inadequacies of existing legislations?
1.5 Methodology
In order to ensure that this study achieves its aims and objectives, the doctrinal research method is largely used in the collection of data needed for the research of this work. The research will combine both primary and secondary sources of materials. The relevant statutes and case laws will be consulted to assist in this research work.
The nature of the work, however, also demands that much reliance will be placed on internet materials, textbooks, journals and articles written in the area will also be used.
1.6 SCOPE OF RESEARCH
This study will put into consideration the concept of cybercrime, placing emphasis on the adequacy of legal framework combatting cybercrime in Nigeria. The various legal instruments would also be examined, to determine the extent to which these laws, rules and regulations have been enforced and how effective these laws have been.
1.7 CLARIFICATION OF CONCEPT
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Cybercrime: Crime that takes place through the use of computers, computer/digital technology or the internet.
Legal Framework: Group of constitutional, legislative, regulatory, jurisprudential and managerial rules establishing rights and obligations by citizens.
Reform: Make changes in (something, typically a social, political, or practice) in order to improve it.
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