NIGERIAN ARMY UNIVERSITY

BIU

FACULTY OF COMPUTING
DEPARTMENT OF CYBER SECURITY

COURSE TITLE
CBS223: DIGITAL FORENSICS

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 TITLE: NIGERIAN CYBER LAW
GROUP D

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 ABSTRACT
Nigerians have become cyber-creatures over the past 10years spending a significant time online.
As the digital world expands, so does cybercrime in Nigeria. The necessity to combat these
seemingly uncontrollable phenomena gave rise to the cyber laws in Nigeria.
Cyber laws act as a shield over cyberspace, preventing cybercrime from happening/occurring.
The government is committed to developing and enforcing regulations to combat illicit online
activities.
In 2015, The “Cybercrimes (Prohibition and Prevention) Act” which had a significant impact on
cyber law in Nigeria. This Act creates a comprehensive legal, regulatory and institutional
framework in Nigeria to prohibit, prevent, detect, prosecute and punish cybercrime.
The Act also encourages cybersecurity and protection of computer systems and networks,
electronic communications, data and computer programs, intellectual property and privacy
rights, as well as the protection of important national information infrastructure.

INTRODUCTION

WHAT IS CYBERCRIME?
Cybercrime also called computer crime is a type of crime that takes place in cyberspace, or in the
realm of computers and the internet. Because our society is evolving towards an information
society where communication occurs in cyberspace, cybercrime is now a global phenomenon.
Cybercrime has the potential of significantly influencing our lives, society and economy. Where
ever this is violation of a law/illegal actives there must be some set of laws/policies that are laid
down to tackle those illegal activites or crime. Next we are going to look at what is Cyber Law?

WHAT IS CYBER LAW?

Any law that deals with the internet and similar technology is known as cyber law. Cyber law is
also referred to as “The law of the Internet” or “IT Law”. It is a legal framework for dealing
with issues relating to the internet, computing, cyberspace and other associated matters.
Cyber law is one of the newest aspect in legal system. This is due to the rapid advancement of
internet technology; every internet user has legal safeguards under cyber law. Intellectual

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property, contract, jurisdiction, data protection laws, privacy and freedom of expression are all
covered by the cyber law. It oversees the distribution of software, information, online security
and e-commerce via the internet. E-documents are given legal validity in the field of cyber law.
In another aspect, cyber law is a framework put together to deal with cybercrime. Due to the
increase in use of E-Commerce, it is critical that suitable and adequate regulatory practices are in
place to ensure that no malpractices occur.
Cybersecurity laws vary a lot from a country to country and jurisdiction. Penalties depend on the
nature of the offence, and will range from a fine to imprisonment. It is critical for citizens to
understand their particular countries cyber law in order to ensure that they are fully informed
about all cybersecurity issues.

What You Should Know

1 Protect Yourself

Taking the right security measures and being alert and aware when connected are key ways
to prevent cyber intrusions and online crimes.

2 Understand Common Crimes and Risks Online

 Business email compromise (BEC) scammers exploit the fact that so many of us rely on
email to conduct business—both personal and professional—and it’s one of the most
financially damaging online crimes.

 Identity theft happens when someone steals your personal information, like your Social
Security number, and uses it to commit theft or fraud.
 Ransomware is a type of malicious software, or malware, that prevents you from
accessing your computer files, systems, or networks and demands you pay a ransom for
their return.
 Spoofing and phishing are schemes aimed at tricking you into providing sensitive
information to scammers.
 Online predators are a growing threat to young people.

Categories of Cybercrime in Nigeria:

1 Cybercrime against people: Cybercrime against people include cyber harassment and
stalking, e-mail phishing, the dissemination of child pornography, various of spoofing, credit
card fraud, human trafficking, identity theft and online connected libel or slander.
One of the most serious Cybercrime nowadays is the trafficking, distribution, publishing and
dissemination of obscene materials such as pornography and indecent exposure. The potential
harm to humanity from such crime cannot be overstated, if not managed. This is one cybercrime
that threatens to impair the progress of the younger generation as well as leave irreplaceable
scares and injuries,

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Correspondingly, In Nigeria prior to the gruesome murder of Cynthia Osakogu in July 2012, as
reported by an online news magazine, people had suffered a similar fate. For example, Uzondu,
an undergraduate student at a private Christian university in Ogun State, allegedly contracted the
dreaded Human Immune Virus, HIV from a man she thought was her boyfriend.
The victim met the con man on the famous social media networking platform, Facebook, and
before she knew it, she was whisked away to a fantasy holiday where she was lavished with
expensive presents such as an iPad and the latest Blackberry phone, among other things. During
these amorous outings, the young girl became pregnant, but her partner was nowhere to be
found. Unfortunately, she has no idea who the man was, no contact information and no place of
employment. Worse still she tested positive for HIV.
2 Cybercrime against property: The second type of cybercrime is cybercrime against all types
of property. Distributed Denial of Service (DDoS) attacks, hacking, virus transmission, cyber
and typosquatting, computer vandalism, copyright infringement, and Intellectual Property Right
(IPR) breaches are examples of these crimes.
3 Cybercrime against the Government: The third category of cybercrime is cybercrime against
the government. When a cybercrime is committed against the government, it is considered an
attack on the sovereignty of a nation and an act of war. Hacking, gaining access to confidential
information, cyber warfare, cyber terrorism, and the use of pirated software are all examples of
cybercrime against the Government.
The expansion of the Internet has revealed that the channel of Cyberspace is being used by
people and groups to threaten foreign governments as well as intimidate a country's citizens.
When an individual hack into a government or military-run website, the offense becomes
terrorism.
Most of these types of cybercrimes have been addressed by the Cybercrimes Act of 2015.

Cybercrimes (Prohibition and Prevention) Act, 2015

The Act provides an effective, unified and comprehensive legal, regulatory and institutional
framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes
in Nigeria.
Cybercrimes highlighted under this ACT include:

 Offences against critical national information infrastructure

 Hacking Computer Systems and Data Alteration
 Unauthorized Access of Protected Systems
 Interception of electronic messages, email, electronic money transfers
 Unlawful interceptions
 Computer related forgery
 Computer related fraud
 Theft of Electronic Devices

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  Unauthorized modification of computer systems, network data and system interference
 Publishing False Digital Signature and Certificates
 Cyber terrorism
 Exceptions to financial institutions posting and authorized options
 Fraudulent issuance of e-instructions
 Tampering with Computer Source Documents
 Identity theft and impersonation
 Cyberstalking
 Cybersquatting
 Racist and xenophobic offences
 Attempt, conspiracy, aiding and abetting
 Importation and fabrication of etools
 Breach of Confidentiality and Privacy
 Manipulation of ATM/POS Terminals
 Phishing, spamming, spreading of computer virus
 Use of fraudulent device or attached e-mails and websites etc.

Administration and Enforcement Cyber Law in Nigeria

Under the 2015 Cybercrime Act, the National Security Adviser's office serves as the
coordinating body for the security and enforcement authorities. The Attorney-General of the
Federation reinforces and improves Nigeria's existing legal frameworks regarding cybercrime.
All law enforcement, security, and intelligence agencies develop the institutional capacity
necessary for the effective implementation of the provisions of the 2015 Cybercrime Act, and in
collaboration with the Office of the National Security Adviser, initiate, develop, or organize
training programs for officers charged with cybercrime on a national or international level.

Establishment of the Cybercrime Advisory Council

To Coordinate Cybercrime Act 2015, there was established a Cybercrime Advisory Council (in
this Act referred to as "the Council") in charge of handling issues relating to the prevention and
combating of cybercrimes, cyber threat, computer-related cases and the promotion of
cybersecurity in Nigeria.
The Cybercrime Advisory Council comprises of a representative each of the following
Ministries, Departments and Agencies –
(a) Federal Ministry of Justice;
(b) Federal Ministry of Finance;
(c) Ministry of Foreign Affairs;
(d) Office of the National Security Adviser;

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(e) Department of State Services;
(f) Nigeria Police Force;
(g) Economic and Financial Crimes Commission;
(h) National Intelligence Agency;
(i) Defense intelligence Agency;
(j) Defense Headquarters;
Why cyber law is essential to Nigerians economy are:
1 Employees safety
2 Business protection
3 Personal Data Protection
Notable Areas of Cyber Laws in Nigeria.
Cyber law serves a lot of purpose. Some laws safeguard people from being victims of a crime as
a result of unethical internet activities. Other laws establish guidelines on how individuals and
businesses may use computers and the internet. These laws cover a diverse range of issues and
activities, but they all fall under the umbrella of cyber law. The following are the primary areas
of cyber law:
 Fraud
 Copyright
 Defamation
 Freedom of expression
 Trade secrets
 Employment and contract laws
 Trade and service marks
 Domain name disputes
 Privacy
 Data retention
Lawful Access: Many federal, state, local, and tribal law enforcement agencies are facing
challenges due to the phenomenon sometimes referred to as “warrant-proof” encryption. This
type of encryption means the government often cannot obtain the electronic evidence necessary
to investigate and prosecute threats to public and national safety, without a warrant or court
order.

Why we need a cyber-layer in Nigeria

Cyber lawyers practice a wide range of areas and expertise. They work in a small, medium
and large businesses. They both work in private and public agencies.

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Cyber lawyers may practice criminal law or work for an organization that develops and
enforce civil laws. They can also work for organizations that enforces cyber law and assist
the public in using the internet safely.
If a client has a dispute over a cyber-contract or a domain use, they can turn to their cyber
lawyers to help them resolve the issues or navigate related litigation because of the
jurisdiction issues that may arise in cyber law, lawyer who assists their clients with cyber
lawsuit may need to work carefully to develop their case.
Another crucial role of a cyber-lawyer is to assist clients to develop best practices for
conducting business and personal affairs. For example, a cyber-lawyer representing a
hospital may assist them in implementing a measure to comply with privacy rules while still
protecting personal information. Cyber lawyers also assist organizations in maintaining client
confidentiality accordance with federal, state and local laws.

REFERENCE
1 Josephine Uba. “Author” Olisa Agbakoba Legal (OAL). Website link:
www.mondaq.com/nigeria/security/1088292/cybercrimes-and-cyber-laws-in-nigeria-all-you-
need-to-know
2 D.,Halderand K., Jaishankar, Cyber crime and the Victimization of Women: Laws,
Rights, and Regulations. Hershey, PA, USA: IGI Global. ISBN 978-1-60960-830-9. (2011)
3 M., Ngugi Legal week: Law on Cyber Crime Overdue, available at
www.crimeresearch.org(2005) [3] N., Rubadu Modern Law for Global Commerce, Congress
to celebrate the fortieth annual session of UNCITRAL Vienna, 9-12 July 2007 Cyber crime
and Commercial Fraud: A Nigerian Perspective. (2007)
4 S., Osokogu Sourcehttp://news.naij.com/6049.html DEATH BY FACEBOOK: The
Story Of The Late Cynthia Osokogu [5] D., Parker Fighting Computer Crimes, U.S. Charles
Scribner’s Sons. (1983) [6] Http://www.wikipedia.com.