AN APPRAISAL OF THE EFFICACY OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATING CYBER CRIMES IN NIGERIA

AN APPRAISAL OF THE EFFICACY OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATING CYBER CRIMES IN NIGERIA

Abstract:

Advances in Artificial Intelligence are credited to have given the world computers that can defeat people at chess as well as drive cars and manage calendars. However, despite the progress made, scientists are still unable to develop machines that are capable of replacing human beings. Cyberspace, credited to be network of interdependent information technology, infrastructures, telecommunication networks and computer processing system, have provided new opportunities for new crimes to emerge. Cybercrimes are „new genus of crimes which use computers for criminal activities. They are crimes committed by means of a special knowledge of computer technology.‟ Cybercrimes became a source of concern with the proliferation of computer technology in Nigeria. Some youths in Nigeria have used the new communication channels for crimes and they are noted to be sending fraudulent proposals to people and organizations, the world over. The youths have succeeded in carving for Nigeria negative names and appellations among nations, with global anti-crime bodies such as the International Police (Interpol) and Financial Action Task Force (FATF) blacklisting Nigeria as one of the most crime vulnerable countries in the World. Nigeria has in place legal regimes and institutional measures for combating cybercrimes. The aim of this study is to examine the legal regimes and institutional measures adopted by the Nigerian Government in combating cyber and computer related crimes with the view to determine their efficacy or otherwise. To achieve this, the study relied on information such as books, journals, conference papers, newspapers and internet materials. The findings revealed the inadequacy of the legislative measures to combat the various cyber specific offences; some of the legislation were enacted to provide for offences of cheating, obtaining property by false pretences, fraud and related offences and did not envisage the circumstances where such offences could assume the sophistication and extra-territoriality they are presently. These shortcomings, coupled with the dearth of trained personnel with the technical skills, knowhow and resources to investigate and prosecute offenders, created additional challenges to the enforcement institutions established to combat the crimes. Equally, the pre-May, 2015 state of Nigerian cyber related legislation exhibited lack of political will on the part of the Nigerian Government to combat the scourge of cybercrimes as it took the Nigerian Government ten years to enact the Nigerian Cybercrimes Act 2015. Besides, the increasing incidence of crimes and cybercrimes in particular cannot be divorced from the high rate of corruption, unemployment and extreme poverty bedeviling the Nigerian society. These societal ills breed criminality in the country. The study recommends the enactment of additional legislation that will reduce cybercrimes and criminality and provide adequate security and safety to internet and cyberspace users. It is equally recommended that enforcement institutions be equipped by the Nigerian Government with skills, manpower and technological knowledge required for investigation and prosecution of cybercrimes. Again, effort should be made to reduce the socio-economic injustices that allow crime and criminality to flourish in Nigerian society

AN APPRAISAL OF THE EFFICACY OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATING CYBER CRIMES IN NIGERIA