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Analysis of the Legal Frameworks for Combating Cyber Crimes: A Tool for
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KWASU LAW JOURNAL VOL. 2, NO.1 2021

Analysis of the Legal Frameworks for Combating Cyber Crimes: A Tool for Economic
Development in Nigeria
Dr. Olujobi, Olusola Joshua*

Abstract

The evolution of information communication technology has transformed the world tremendously.
However, some have utilised the advancement in technologies to commit cybercrimes which have
inflicted financial hardship on their victims. The prevalence of these crimes in Nigeria has drawn
global attention to the need for stringent laws to combat the crime and redeem Nigeria’s battered image
in the comity of nations and to promote the country’s economic development. The activities of "Yahoo
Boys" have placed Nigeria in the third position in the global internet crimes ranking behind the United
States and the United Kingdom. The study utilises a conceptual legal research approach with the
doctrinal legal research method; the study further utilises primary and secondary sources of legislation
such as case laws, International Conventions, textbooks and peer-reviewed journals. The justification
for using the method was to establish the trustworthiness of the findings on cybercrimes in Nigeria.
Theories were also utilized as the theoretical lens to guide the study. The finding is that the legal regime
for combating cybercrimes in Nigeria is reactive and not proactive and is grossly inadequate to combat
the crime. The study designs a hybrid model for combating cyber-criminality and to promote
economic development in Nigeria. The study recommends comprehensive reform of Nigeria’s
Cybercrime (Prohibition, Prevention) Act 2015 and advocates stringent implementation of the anti-
cyber law to combat the menace. Strong political will and sincere commitments of the government are
key in combating the crime. The study concludes that regulatory institutions and strategies for
combating crimes must be overhauled and solicit the cooperation of other nations to combat the crime
in Nigeria.

Keywords: Cyber Crimes, Analysis, Economic Development, Legal Framework, Nigeria.

1. Introduction

Cybercrime is one of the most dangerous threats faced today by nations involving the application of

the internet and computer-related devices across the globe. It is an unlawful act wherein the computer

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is either a tool or target, or both.1 It involves using computers, the internet, online services and dating

sites by individuals or groups to commit a crime.2 Some legal scholars identify theft, cyber terrorism,

hacking and spam as types of cybercrimes.3 Cybercrime is the unlawful use of cyberspace to commit

fraudulent financial or violent crimes through the internet, computers, phones, and other smart or

android electronic information or telecommunication devices or gadgets and is a global phenomenon

threatening the nations' economies.4 Technologies have played an important role in our daily lives. It

has greatly improved the quality of human life in today's global world. Nigeria’s National Assembly

enacted the Cyber Crime Bill into law in 2014 to regulate cyber and computer crimes by law

enforcement agencies. Before enacting the Cyber Crimes Bill 2014, the law enforcement agencies

relied on traditional criminal legislation and financial crimes legislation, including the Advanced Fee

Fraud and other Offences Act Cap A6 Laws of the Federation of Nigeria 2004 to prosecute

cybercrimes. The absence of fully operational cybercrime legislation is punishing cybercrime. Some

aspect of our criminal justice system unwittingly helps criminals in our society based on our adversarial

system of criminal justice, which treats everyone as innocents.5

The growth of internet transactions in Nigeria has led to increasing in cybercrimes, especially on

financial institutions and other outlets that use online transactions such as Automated Teller Machine

(ATM) fraud, spam email messages, Point of Service (POS) and piracy of patents, individual online

shopping with the use of credit cards, fictitious charitable organisations and advanced fees fraud

* Ph.D (Unilag, Lagos), LL.M (Unilag, Lagos), Barrister at Law, LL.B (UNAD), Senior Lecturer, Department of Public
and International Law, College of Law, Afe Babalola University, Nigeria. Email: olujobi.olusola@abuad.edu.ng . Tel:
08038006033.
1
Dasshora K., ‘Cybercrime in the Society: Problems and Preventions,’ (2011), 3(1), Journal of Alternative Perspectives
in the Social Sciences, 240-259.
2
Komorosky Z., Dating Sites Are Full of Scammers, www. e-business cardexchange.com.Diakses , 16.
3
Hassan, A.B.F.D, ‘Lass and Makinde, J., Cybercrime in Nigeria: Causes, Effects and the way Out, ARPN,’ (2012), 2
(7) Journal of Science and Technology, 626-631.
4
Ojilere, A., ‘Cyberspace, Cybercrime and Cyber Policing in Nigeria: Central Issues and Challenges,’ (2020),5(1)
University of Port Harcourt Journal of Private Law, 159-178.
5
Constitution of the Federal Republic of Nigeria 1999 (as amended), s 36 (5).

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KWASU LAW JOURNAL VOL. 2, NO.1 2021

(419).6 Fake advertisement for employment, diversion of payment points to different banks accounts

and spread fake information on social media.7

This advent of information technology is accompanied by the proliferation of fraudulent activities and

crimes with unsuspecting internet users as the victims. There have been instances where they are

defrauded of their hard earning money by ordering goods or services online. The outcries a Taylor.

Fritsch and Liederbach described cybercrime as computer crimes or high-tech crime,8 While

Liederbach described it as a digital crime, Holt captured it as a technology-enabled crime.9 Balogun

and Obe opined that cybercrime is an electronic crime accomplished via the knowledge or use of

electronic devices such as computers, phones and other handheld devices.10

Generally, cybercrime is a white-collar high-tech crime such as an internet scam or fraud, and the

victims are usually individuals, corporations, government institutions, and international

organizations.11

According to Ilobinso12 The invention of electronic technology and the internet has changed how we

communicate, learn, work and do business. It has brought the world’s people closer in time and space,

businesses now work efficiently with suppliers and consumers as consumers now have greater choice

and shop from the comfort of their homes, offices or even while travelling for a wide variety of

products from sellers all over the world. Electronic commerce has become a global phenomenon.

6
Saulawa, M.A., The Independent National Electoral Commission and Cyber Attacks in Nigeria: Lessons from Selected
Countries, (2017), 8(2), Ebonyi State University Law Journal, 97.
7
Adesina-Babalogbon O., ‘A Comparative Analysis of Nigeria’s Legal Framework on Cybersquatting and America’s
Anti-Cybersquatting Consumer Protection Act,’ (2018), IV(1), Afe Babalola University, Ado Ekiti (ABUAD), Journal of
Public and International Law, 169-.
8
Taylor, R.W., Fritsch, E.J., and Liederbach, J., (2015), Digital Crime and Digital Terrorism. Prentice Hall Press, <
https://www.pearson.com/us/higher-education/program/Taylor-Digital-Crime-and-Digital-Terrorism-3rd-
Edition/PGM270724.html> accessed 10 May 2022.
9
Holt, T.J., Exploring the Intersections of Technology, Crime and Terror, (2012),24(2) Terrorism and Political
Violence,337-354.
10
Balogun, V.F., & Obe, O.O., E-Crime in Nigeria: Trends, Tricks and Treatment, (2010), 11, the Pacific Journal of Science
and Technology, 343-355.
11
Oraegbunam, I.K.E., and Ewulum, B.E., Assessing the Nigerian Cyber-Security Law and Policy for Protection of Critical
Infrastructure for National Development in Okeke, G.N., et al (eds.) Law, Security and National Development 50 th Annual
Conference of the Nigerian Association of Law Teachers (NALT) held 11-16, June 2017 at the Faculty of Law Nnamdi
Azikiwe University, Awka, Anambra State, 62-98.
12
Ilobinso, I., Formation of Electronic contracts: Melding the Traditional Contract with Contemporary Electronic
Commerce, (2016), 2, the Commercial and Industrial Law Review, 50.

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Saredau, in work titled "Have We Put Out Best Foot Forward? An Appraisal of Nigeria’s Cybercrime

Act 2015 in the Context of Global Realities ", avers that there is the need to protect the cyberspace and

ensure its orderly operation, the law as the regulator of all human activities, must keep pace with

technology, notwithstanding its positive impacts, unscrupulous elements have adapted the cybercrime

to commit tremendous crimes. To this end, the right legal framework must be created to sieve out its

negative impacts. Unacceptable cyber behaviour is to be prescribed and sanctioned with appropriate

penalties.

Ibraheem and Aremo reiterated in their work titled “Cybercrime in Nigeria: Challenges and

Imperatives."13 That every good is liable to be abused, and in the case of the internet, it is not different

as cyberspace has been infiltrated with criminal activities by criminal-minded individuals and groups

over the years.

Omidoyin and Oniyinde, in their work title "The Crime of Cyber Terrorism: Myth or Reality14? The

use of computer systems to perpetrate crimes and attacks has created a new breed of terrorism hence

the need to combat the threat as a global challenge and not subsumed under cybercrime. The threat of

cybercrime is an overwhelming global concern. Cyberspace is not safe due to sophisticated cyber

terrorists hacking computers, equipment to endangering millions of lives and the nation's security.

Ojilere avers that cyberspace is a broad-spectrum global information infrastructure with limitless

opportunities for nearly every human activity, whether public or private. These activities are vulnerable

to diverse cybercrime, which make cyber laws and cybersecurity inevitable.15 Also, Basu asserts that

the internet shares many technological underpinnings with cloud computing, and when everything is

connected, everyone is vulnerable.16 Dashora reiterated the damaging effects of cybercrimes on

society that the damage is largely psychological and intangible, making legal action against the variants

13
Ibraheem, T.O., Aremo, J.I., Cybercrime in Nigeria: Challenges and Imperatives, (2019), 7, Joseph Ayo Babalola
University Law Journal, 18-35.
14
Oniyinde, O., and Omidoyin T.J., the Crime of Cyber Terrorism: Myth or Reality, (2017), 1(5), Afe Babalola University
Ado-Ekiti Law Journal, 101-120.
15
Op. Cit. Note 4.
16
Basu, S., Cloud Crimes: Understanding the Privacy Challenges, available at https://www.researchgatate.net/pub

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difficult. The crimes are crimes that have been in existence before the development of high-tech

devices. The same criminals have been given a tool that increases the potential pool of victims and

makes them harder to trail and apprehend.17

A high percentage of businesses and consumers are still very wary about doing extensive business over

the internet. This is primarily because of the risk associated with concluding a commercial transaction

from a distance with an anonymous party in most, due to frauds, cybercrimes and the absence of a

legal framework governing electronic transactions in Nigeria and uncertainty surrounding the ability

of the parties to form valid and enforceable contracts via internet or paperless mode of communication.

This fundamental gap must be addressed.

International organizations such as the United Nations and the European Union have offered panaceas

to some of these concerns via model provisions and directives that nations can utilize when enacting

their domestic legal regimes.

The prevalence of cybercrimes has occasioned series of losses to individuals, corporate bodies, and

the nation’s image in the comity of nations are unquantifiable due to the nefarious activities such as

breaking of security codes of electronic commerce, electronic payments, electronic marketing of

products sites and identity thefts.18 However, no one or nation is immune from the adverse effects of

cybercrimes being an open space for all and sundry. Despite its numerous merits, cyberspace has been

employed by many to occasion great harm.19 In 2001, American National Fraud Information Centre

reported that Nigeria has the fastest growing online scam due to an upsurge of cybercrimes. Today,

Nigeria's notoriety for cybercrime is well established.20 The cybercrime notoriety in Nigeria has

17
Dashora, K., Cybercrimes in the Society: Problems and Preventions, (2011),3(1), Journal of Alternative Perspectives
in the Social Sciences 240-259.
18
Shehu, I., Combating Cybercrime: The Nigerian Experience, (2014), 6(1), Port Harcourt Law Journal,1.
19
Saredau, D.P., Have We Put Out Best Foot Forward? An Appraisal of Nigeria’s Cybercrimes Act 2015 in the Context of
Global Realities, (2018)7, University of Ibadan, Law Journal, 63-100.
20
Ihenyen S.I, ‘Cleaning Up Nigeria’s Cyberspace- New Cybercrime Act to Rescue,’ (2018), Nigerian Law Today.
<www.nigerianlawtoday.edu.ng> accessed 9 July 2021.

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occasioned enormous financial losses to the country. It is reported that Nigeria losses Ninety Billion

Naira to cybercrimes annually.21

2. Theoretical Framework for Combating Cyber Crimes in Nigeria

It is fundamental in criminology to examine social or other factors that derive people into committing

a crime.22 Some of the crime theories relevant to cybercrimes inform us of the shift from conventional

crimes to cybercrimes challenge or compete with law enforcement by taking advantage of information

and telecommunication technology innovations in committing crimes. The theories are: Rational

Choice Theory, also known as choice theory or rational action theory, is a model for understanding

social and economic decisions and individual behaviour.23 It was founded by Adam Smith, an

economist who proposed an "invisible hand" moving free-market economies in the Mid-1770s.24 He

opined that is the rationality, free will and choice of a person to indulge in cybercrime after considering

the benefits against the cost of the crime.25 The theory is rooted in the Utilitarian theory of law by

Jeremy Bentham 1748-1832, an English Philosopher who propounded that, life is full of pain and

pleasure and the law should be used as a tool of social engineering or means to increase human

happiness to mininise pain. The law should be enacted to secure or ensure the happiness of the greatest

possible number of people. The law should maximamise human happiness by securing the greatest

happiness of the greatest number of people. He opined that every person should be allowed to pursue

happiness, the advantage to actualizing one's aspiration without interference by the state to support a

free market economy.26

The theory avers that whether any law was good or bad should be decided by assessing or evaluating

its utility to the individual and society. The utilities every society should seek to promote are security,

21
Ajijola, A., Nigeria Loses N90Billion to Cybercrimes Annually -NITDA Consultant. The Punch Newspapers. Available
at http://www.punchng.com/nigeria-loses-n90bn-to-cybercrimes-annually -nitda-consultant/ (accessed July 9, 2021)
22
Ogu, M.I., Rational Choice Theory: Assumptions, Strengths, and Greatest Weaknesses in Application Outside the
Western Milieu Context (2013), 1(3), Arabian Journal of Business and Management Review (Nigerian Chapter),90-99.
23
Becker, G., The Economic Approach to Human Behavior, (Chicago and London, the
University of Chicago Press, 1976), 3-14.
24
Ganti, A., Rational Choice Theory, (2021), available at https://www.investopedia.com/terms/r/rational-choice-
theory.asp (accessed July 16, 2021).
25
Steve, B., Important Theories in Criminology, In Criminology for Dummies, (First Edition, United Kingdom, John
Wiley and Sons Ltd, 2009), 177.
26
Malemi, E., the Nigerian Legal Method (Princeton Publishing Co., Ikeja, Lagos,2016), 52.

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equality, liberty and abundance, and the National Assembly should weigh the interests of the individual

against that of the state to promote the interest of the state or interest of the majority against that of an

individual. The critics argue that when a person or a government has to choose between two causes of

action, they should choose the one that will lead to the greatest happiness for the greatest number of

people by reforming the law. One is expected to choose the one with lesser painful consequences as

man is moved by pain and pleasure. Critics further aver that many things a person can pursue in life

cannot be called pleasure as all pursuits cannot be classified as pain and pleasures. The utilitarian

argues that ran the wrong action to a good result done that the right or wrong of anything is not

dependent on its nature but the circumstances under consideration. However, critics deviated and held

that it is right and wrong and what is right is right and worth doing while what is wrong is wrong and

is not worth doing except it is excused or allowed by law. The utilitarian school posited that law should

increase the population's happiness, but critics argued that the theory failed to state how this can be

effectively attained.27 The flaws in utilitarian theory prompted the current author to utilise another

theory called the social theory of law.

Social Control Theory, by Travis Hirschi in 1969, without the influence of positive, social control

institutions such as mosques, churches, schools, family and workplaces, many people would ordinarily

want to commit cybercrimes. Tania posited that children and youths should be given a substitution to

a life of crime which is important to social control theory.28 The Federal Government, the National

Assembly and other policymakers should promote political, social and economic stability so that the

people would not be pressurised into cybercrime in Nigeria due to unemployment, poverty, weak

institutions, and negative peer influence are among which are the causes of cybercrime in Nigeria.29

Desperate and vulnerable individuals are victims of cybercriminals antics.30 The flaws in social control

27
Olujobi, O.J., and Jolaosho, T.O., (2019), Strategies for Combating the Crimes of Money Laundering and Terrorism
Financing in Nigeria: The Need for A Paradigm Shift, (2019), University of Ibadan Journal of Private and Business law
10, 27-64.
28
Tania, U., Criminology Theories: The Varied Reasons Why People Commit Crime, available online at www blog.
udemy.com (accessed 14 July 2021).
29
Aransiola, J.O., and Asindemade, S.O., Understanding Cybercrime Perpetrators and the Strategic they Employed in
Nigeria, 14(12), Cyberpsychology, Behaviour and Social Networking, 759-763.
30
Ibid.

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theory prompted the current author to utilise another theory called deterrence theory of law. The

theorists challenged Nigerian government on the need for stringent cybercrimes legal regime and

policing to deter and punish cybercriminals for stopping new advances.

Deterrence Theory by Cesare Beccaria and Jeremy Bentham in the 18th century opined that crime

could be effectively combated via deterrence mechanisms or policy by inflicting stringent sanctions

for non-compliance with accelerated fair hearing and certainty. It is emphasized that a severe legal

regime, effective cyber policing with expertise in cybercrime detection, investigation, monitoring,

prompt prosecution, and efficient judicial system will reduce if not combat cybercrime in Nigeria.

Marxian Theory by Karl Marx, a German philosopher and economist in 1818-1883. He opined that

crimes emanate from the capitalist system because it promotes individuals acquisition and ownership

of property without considering the poor or others who are economically disadvantaged or vulnerable.

This occasioned competition and inequitable society where corruption31 Exploitations, greed, high

rates of crimes thrive.32 The theory postulates that socio-economic deprivation, political inequality,

and endemic corruption occasioned some poor and unemployed youths to indulge in crimes.33

3. Legal Frameworks for Combating Cybercrimes

The following legal frameworks are for combating cybercrimes among others. They are:

i. International Legal Framework

Under Article 2, the application of the United Nations Convention on the Use of Electronic

Communication in International Contracts is restricted to when the buyer is dealing in another capacity

other than being a consumer. The instrument's applicability is equally limited by its reluctance to

provide specific laws modelled towards regulating online transactions.34

31
Olujobi, O.J., Upstream Petroleum Sector Corruption: Is There Any Need for Reassessment and Enhancement of
Nigeria’s Anti-Corruption Laws? University of Maiduguri 5(1), (Unimaid) Journal of Private and Property Law 164-191.
And Enhancement of Nigeria’s Anti-Corruption Laws? (2020) 5(1), University of Maiduguri Journal of Private and
Property Law, 164-191.
32
Blau, J.R., & Blau, P.M., The Cost of Inequality: Metropolitan Structured and Violent Crime, (1982) 47(1), American
Sociological Review, 114-129.
33
Olujobi, O.J., Nigeria’s Upstream Petroleum Industry Anti-Corruption Legal Framework: The Necessity for Overhauling
and Enrichment, Journal of Money Laundering and Control, available at https://www.emerald.com/insight/1368-5201.htm
(accessed July 14, 2022).
34
Opebiyi, F.M., Protecting the Interest of Buyers in Online Contracts of Sale in Nigeria: Making a case for Legislative
Intervention, (2018),1, Elizade University Law Journal, 222.

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The Charter of the United Nations35 addresses issues regarding the international community to

establish conditions under which justice and respect for the obligations arising from treaties and other

sources of international law can be maintained to enhance social progress and good standards of living.

The Charter provided that the Security Council shall determine the existence of any threat to peace,

breach of peace or act of aggression and shall make recommendations or decide what measure shall

be taken in conformity with Article 41 and 42 by maintaining or restoring international peace and

security.36

The United Nations General Assembly resolutions, a plethora of United Nations General Assembly

Resolutions on cybersecurity have been implemented. One resolution called for convening and a report

from an international group of government experts from fifteen countries with the United States. The

resolution aims to build cooperation for a peaceful, secure, resilient and open information

communication technology environment with a consensus on norms, rules and principles of

responsible behaviour by member states by putting in place measures that will instill confidence and

capacity building such as exchange of information. In December 2001, the General Assembly

approved Resolution 56/183, which endorsed the World Summit on the Information Society to

deliberate information society prospects and challenges. Representatives from 175 nations took part in

the first summit to declare principles for achieving an open information society. Many issues were left

unresolved, such as the question of internet governance and funding. The proposals for the United

States to relinquish control of the Internet Corporation for Assigned Name and Number were declined.

The Council of Europe Convention on Cybercrime (Budapest Convention) was made in Budapest,

2001 and came into force in 2004. The Convention provide the need to pursue a common anti-

cybercrime policy by adopting appropriate legislation by member states to foster international

cooperation and to discourage potential negative use of computer networks and electronic information

to offer the balance between the interest of law enforcement and fundamental human rights. It is the

35
Charter of the United Nations, San Francisco 1945.
36
Article 39 Chapter VII regarding peace, breach of the peace and acts of aggression.

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first international effort to combat cybercrime and to promote cyber security. Nigeria is not a member

of the Council of Europe and has not acceded to the Convention. Although Nigeria is not a member of

this Convention, it is apparent that the Act is substantially in conformity with the Convention. 37 The

Convention aims to harmonize the local laws on cybercrimes to fight cybercrimes both locally and

internationally. International cooperation and assistance will combat cybercrimes. The Convention

encompasses crimes related to the internet, such as illegal interception,38electromagnetic emission

from a computer system.39 Data interference by intentionally damaging, deletion, deterioration,

alteration or suppression of computer data without right.40 The aim is to protect computer data and

computer programmes against intentional damage.41 It prevents system interference and misuse of

devices and requires member states to adopt legislative measures necessary to establish criminal

offences under its domestic law when committed intentionally without right.42 Critics argued that the

Convention lack enforcement mechanism or strategies and jurisdictional challenges in countries where

cybercriminals operate. The United States and three other nations have ratified the Convention. 43 The

jurisdictional theory in the Article is determined by where the offence of cyberterrorism is committed

in whole or in part. The Convention relies on the territorial or nationality models to empower member

states to establish jurisdiction.

II Continental and Sub-Regional Legal Frameworks

The following continental and sub-regional legal framework are for combating cybercrime among

others:

At the regional level, the African Union Convention on Cybersecurity and Personal Data Protection

made at Malabo on 27th , 2014. The Convention emphasises the commitment of member states to build

a strong information society with respect to human rights by harmonising cyber legislation in Africa.

37
Olujobi, O.J., & Olujobi, O.M., Re-Thinking and Optimizing Nigeria’s Anti-Corruption Legal Framework: Upstream
Petroleum Sector Corruption Evaluation, (2020), 8, Journal of International and Comparative Law, 79-105.
38
Article 3, Budapest Convention.
39
Ibid.
40
Ibid, Article 4(1).
41
Ibid, Article 4(2).
42
Ibid, Article 6(1)
43
Explanatory Report of the Committee of Ministers of the Convention on Cybercrime 109th Session (Adopted on
November 8, 2001).

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The Convention in chapter one provides for electronic transactions and electronic commerce, while

chapter two makes provisions for protecting personal data. The Convention directs member states to

provide criminal sanctions that are effective, proportionate and dissuasive for both natural persons and

legal persons.

Another sub-regional legal regime for combating cybercrime is the Economic Community of West

African States Directive C/DIR.1/08/11 on Fighting Cybercrime within ECOWAS made at Abuja

2011(The Directive) aims to adopt a framework for criminal liability to combat cybercrime in the sub-

region effectively.44 The directive recognises that the use of the internet has generated an upsurge of

reprehensible acts. It provides for liability of corporate bodies, searches and access to computer

systems by enforcement agents, expedited preservation of data, and cooperation between member

states. It applies to all cyber-related offences within the economic community of West African

countries and all criminal offences whose detection require electronic evidence.45 The Article provides

that the use of Information and Communication Technology (ICT) to commit offences such as theft,

fraud, possession of stolen goods, breach of trust, extortion, terrorism and money laundering, and

organized crimes constitute a higher degree of offence than common law offences. 46 The Article

prohibits theft, fraud, possession of stolen goods, breach of trust, extortion, the act of terrorism and

counterfeiting relating to computer data and software.

Owing to the volatile nature of cybercrimes, international cooperation in criminal matters in combating

cybercrimes is necessary for timely responses and specialized investigative actions for the preservation

of computer data.

III. National Legal Frameworks for Combating Cybercrimes in Nigeria

The role of law in combating crime cannot be overemphasised, as human beings are vulnerable to

cybercrimes.47 Therefore, the law is required to protect and safeguard them against cybercriminals.48

44
Article 2 of the Directive C/DIR.1/08/11 on Fighting Cybercrimes within ECOWAS Sixty-Sixth Ordinary Session of
the Council of Ministers.
45
Article 3.
46
Article 24, Aggravating Circumstances of Common Law Offences.
47
Ardzard, H.S., Examination of Legal and Policy Frameworks for Protection of Critical National Infrastructure from
Cyber-Terrorism in Nigeria, Nigerian Institute of Advanced Legal Studies (NIALS), Journal of Public Law, 49-79.
48
Internet Crime Report 2010 (n, 8).

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Before 2015, Nigeria had no specific designed legislation for combating cybercrimes. 49 The Criminal

Code50, Penal Code,51 and the Advance Fee Fraud Act are being utilise to combat crime. However,

these laws are weak and defective for not specifically defining cybercrimes. Thereby, occasioned the

police to treat cybercriminals as simple defrauders due to the absence of a specific legal regime and

jurisprudential basis. The need for more potent legislation remained eminent and was articulated in

2014 by the Office of the National Security Adviser. Hence the enactment of the Cybercrime

(Prohibition, Prevention) Acts in May 2015.52

The Cybercrime (Prohibition, Prevention) Act 2015 is divided into Fifty-Nine sections with eight

parts, with each part dealing with objectives and application, protection of critical information

infrastructure, offence and penalties, duties of a financial institution, administration and enforcement,

arrest, search and prosecution, jurisdiction and international cooperation and miscellaneous provisions.

The Act offers an elusive legal framework for combating cybercrime in Nigeria. The Act has eight

parts and two schedules with Fifty-Nine sections. The section identifies objectives of the Act as follows

to provide an effective, unified and comprehensive legal, regulatory and institutional framework for

the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria.

Protection of critical national information infrastructure and promotion of cyber-security and

protection of computer systems and networks, electronic communications, data and computer

programs, intellectual property and privacy rights. Part II of the Act proscribes inimical cyber conduct

as a crime with sanctions. Section 5 prohibit the commission of an offence against any designated CNII

with imprisonment for ten years without any option of a fine. Stringent sentences of fifteen years or

death (imprisonment for life are imposed where the offence results in grievous bodily harm.

49
Akintola, K.G., Akinyede, R.O & Agbonifo, C.O., Appraising Nigeria Readiness for Electronic Commerce Towards
Achieving Vision 20:2020, International Journal of Research and Review in Soft and Intelligent Computing, 9(2),331-340.
50
The Nigerian Criminal Code Act CAP C 39 Laws of the Federal Republic of Nigeria 2004 never envisaged cybercrime
as a special and specific crime. Section 419 criminalizes the conduct whereby a person by any pretence with intent to
defraud, obtains from any other person anything capable of being stolen or induces any other person to deliver to any
person anything capable of being stolen is guilty of a felony and is liable to imprisonment for three years.
51
Penal Code (Northern States) Federal Provisions Act, Cap P.3 Laws of the Federation of Nigeria 2004.
52
The Act came into force on May 15, 2015, after the Presidential Assent in March 2015. It establishes the legal, regulatory
and institutional framework for the prohibition, prevention, detection, investigation and prosecution of cybercrimes and
related crimes.

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Under part III of the Act, certain acts such as intercepting electronic messages, emails and electronic

money transfers under section 9 are criminalised and penalised. Willful misdirection of electronic

messages under section 11. Computer-related forgery, fraud53 and theft of electronic devices54.

Unauthorized modification of computer systems, network data and interference.55

Section 6 prohibits unlawful access to data or vital national security details with five years

imprisonment or a fine of five million or both. Section 6(2) provides that where the offender obtains

computer data secure access to any classified information, industrial secrets, the punishment is seven

years imprisonment or seven million Naira fine or both. Trafficking in passwords or codes to gain

unlawful access to a computer is criminalized with three years imprisonment or seven million Naira

fine, or both. Electronic fraud or online fraud via cybercafe is punishable with three years

imprisonment or a fine of One Million Naira or both as stated under section 14 of the Act and where

there is the connivance of cybercafe owner such owner is liable to a fine of two million or

imprisonment for three years or both as stated under section 7(3) (4) of the Act. This may hamper the

‘ease of doing business’ policy Introduction of a sign-in register to monitor users of cybercafes is

commendable. The Act creates the Fund, record keeping and auditing of the Fund; it failed to specify

the utilization of Fund apart from that up to forty percent may be used for counter violent extremisms

programmes. The impact of the Fund is doubtful the levy of 0.005 of all electronic transactions may

not deliver. The Federal High Court is exclusive vested jurisdiction to try offences under the Act

through which will promote specialization but could end up overburdened the court.

Section 24 of the Act regulate the use of social media in Nigeria. However, it is doubtful if the

provisions of this section will stand the test of time as it contravenes the provisions of section 37 of

the 1999 Constitution as (as amended) on freedoms of speech and expression online in Nigeria.

Sections 32(1)(2), 34 and 35 of the Act criminalized electronic card frauds in Nigeria's yahoo-yahoo

activities. Section 43(1) of the Act establishes the Cybercrime Advisory Council, which is authorized

53
Sections 13 and 14 the Cybercrime (Prohibition, Prevention) Act, 2015.
54
Ibid, s.15.
55
Ibid, s.16.

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to make recommendations on issues relating to the prevention and combating of cybercrimes and the

promotion of cybersecurity in Nigeria.

Critics have argued that the Act scanty falls short of a comparative global standard for protecting

critical national infrastructure and needs overhauling.56 The flaw of the Act is in the areas of

administration and enforcement. The Act fails to recognise enforcement institutions such as the police,

Economic and Financial Crimes Commission and Independent Corrupt Practices Commission, among

others but only appointed the office of the National Security Adviser to be the coordinating body for

all security and enforcement agencies but fail explicitly define a law enforcement agency but only

refers to law enforcement agencies, thereby making it difficult for lawyers to rely on the provision of

the law effectively.57 Also, it is not clear whether a private person can directly enforce the provision

of the Act. If these flaws are not promptly addressed, it may rob the Act of its objective of combating

cybercrimes in Nigeria.

Another relevant national legal regime for combating cybercrime is the Nigerian Communications

Act58 is the principal legal regime that regulates the entire communications industry in Nigeria.59 The

rationale is to provide a regulatory framework for the Nigerian communications industry and all

matters related to it to promote national communications or telecommunication policy and create an

independent regulatory authority and provide universal, reliable and affordable and easily accessible

communication services, offences and penalties.60 The Act was enacted without taking into cognizance

of the effect of convergence of technology in the sector. The Act only provides for the

telecommunications Act, excluding broadcasting and information technology issues. The Act lacks

any comprehensive treatment of broadcasting and information technology, and it has not been

56
Busari, K., Nigeria’s Cybercrime Act Needs Review Senate Committee, Premium Times, Nigeria, October 31, 2017,
<https://www.premiumtimesng.com /news/more-news/247851-Nigeria's-cybercrime-act-needs-review-senate-
committee.html> (accessed July 12, 2021).
57
Ajetunmobi R.L., Cybercrimes (Prohibition) Prevention, Act, 2015: A Review, (2014-2015), NIALS Journal of
Intellectual Property, 172-188
58
No:19, 2003.
59
Jafaru, D.J., A Critical Appraisal of the Legal Regime on Consumer Protection in Nigeria: The Telecommunication
Industries as a Case Study, (LL.M Thesis Bayero University, Kano, Nigeria, 2011), 87.
60
Ibid.

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amended or reviewed since its inception and technologies and market perception have changed greatly

in Nigeria and the world. Cybercrimes provisions were not provided in the Act.

Another pertinent legal regime for combating cybercrimes is the National Information Technology

Development Agency Act 2007. The Act created the National Information Technology Development

Agency (NITDA) as a regulatory agency for information technology development in Nigeria. It offers

guidelines facilitating the establishment and maintenance of appropriate infrastructure for information

technology and systems that will enhance national security. It formulated policy for the development

and implementation of regulatory framework for information technology to protect internet users as

well as the victims.

4. Towards an Efficient Legal Framework for Combating Cyber Crimes in Nigeria: The Need
for a Paradigm Shift
The digital revolution has changed the way the world works, learns, communicates and transacts

businesses. This has foster economic growth and social development across the globe. Electronic

commerce has increase productivity, advanced transportation and communication without any regard

to the national and international boundaries.61 The benefits of the digital revolution are speed,

efficiency, elimination of substantial errors committed by conventional commercial practice; however,

it has aided or created a haven for cyber fraudsters or criminals.

As the world is advancing tremendously in technology, national infrastructure is driven by technology,

and any damage to this infrastructure would be debilitating to the security, public safety and socio-

economic of the country.

Since losses suffered by consumers and investors create serious credibility and image problems for

Nigeria, there is a need for strategies for preventing, detecting and combating cybercrimes.

Cybercrimes being unconventional crimes perpetrated via innovative utilization and misuse of

information communication technology across time and distance. Information communication

technology offers technological possibilities and other legal strategies vital for the police, prosecutors

61
Ankama, R., Challenges of Prosecuting Cybercrimes in Nigeria, Ahmadu Bello University, Zaria, Journal of Public and
International Law, 201-212.

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and other security professionals to combat cybercrimes. A detailed cyber legal regime is sine qua non

for effective cybercrime in Nigeria. Presently, a cyber police unit is absent with the requisite skill and

professional expertise to combat cybercrimes. Also, there is an absence of a stringent, broad-based and

sustainable legal framework on cybercrime in the country.

Total overhauling of the Nigerian Police Force, Economic and Financial Crime Commission (EFCC),

other anti-crimes agencies, and some officers and staff anti-crime institutions may promote

professionalism and combat aiding and abetting cybercrime serve as deterrence to others. Stringent

and decisive punishment should be imposed on the perpetrators of cybercrimes in compliance with the

deterrence theory of law to combat criminality. Bad governance, public corruption, unemployment and

lack of social security, good public infrastructure have prompted some desperate youths to resort to

cybercrimes.62

Cybercrimes and other hostile activities have raised a wide range of global concerns as offenders

communicate with each other in secret and disguise their identities to avoid detection and manipulate

electronic payment systems to obtain funds, goods, and services illegally. The risk of fraud is one of

the major impediments to electronic transactions being accepted in some developing nations where e-

commerce activities are relatively low. This requires that adequate legal mechanisms are enacted to

combat the issues and challenges posed by cybercrimes.

An effective response to cybercrimes requires robust network security, including appropriate network

architecture and software, encryption, data protection legislation, information security standards and

other tools of threat protection and detection.63 Cybercriminals take advantage of the lacunae in

existing law to avoid apprehension and prosecution therefor; every legal system must take measures

to ensure that it is penal and procedural law is adequate to meet the challenges posed by cybercrimes.64

62
Quarshie, H.O., & Martin-Odoom, A., Fighting Cybercrime in Africa, 2(6) Computer Science and Engineering, 98-100.
63
Ukwueze & Obuka, Legal Framework for the Regulation of Electronic Fraud in Nigeria, (2011), Law and Policy Review,
75.
64
Ani., L., Cyber Crime and National Security: The Role of the Penal and Procedural Law, <http://nials -
nigeria.org/pub/lauraani Pdf accessed on July 14, 2021.

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The mobility of computer data in international computer networks makes international solutions for

combating cybercrime indispensable national strategies for combating cybercrimes would create data

havens and security.65 Ensure you know the person you are giving information to over the internet and

monitor your accounts and monthly statement thoroughly by ensuring that all the activity is accurate.

5. Challenges of Prosecuting Cybercrimes in Nigeria

Internet is one of the most unregulated information service providers in the world currently. Even

though some countries have enacted computer crime laws, most developing countries still rely on

conventional criminal law in prosecuting cybercrimes. Some of the challenges affecting prosecution

of cybercrimes offenders in Nigeria are as follows:

a. Constitutional Constraints: Some constitutional provisions are overprotective of accused

persons, for instance, section 37 of the 1999 Constitution provides that citizens' privacy, homes,

correspondence, telephone conversations, and telegraphic communications are now guaranteed

and protected. The right to privacy is not only guaranteed but protected by the Constitution.

The provision thereby impeded the prosecution of cybercriminals as it is practically impossible

to complete the investigation and prosecution of cybercrimes without interference with the

accused's private life. The provision of section 39(11) provides that no person who is tried for

a criminal offence shall be compelled to give evidence at the trial, and section 35(2) provide

that any person who is arrested or detained shall have the right to remain silent or avoid

answering any question until after consultation with a legal practitioner or any other person of

his choice. The Constitutional provisions shielded the accused by presumed him innocent and

spared him from saying anything that may implicate him and assist the prosecution.

b. Computer Literacy: They take advantage of the system to commit crimes. It is quite unfortunate

that the bulk of the court proceedings are recorded manually, and often the judges are not

65
Adebiyi, T., Internet /Computer -Related Crimes, (2003/2004),2, the Advocate, Journal of the Students Representative
Council, Nigerian Law School, Lagos Campus, 81-96.

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computer literate to appreciate the trend of cybercrimes, thereby impede cybercrimes

prosecution since you cannot give what you do not have.66

c. The transient nature of internet evidence gives room for crimes to be committed without any

traces on the computer are limitless. Computer-related crimes are perpetrated via the

introduction of logic bombs, viruses, trojans into the system.67

d. Transactional Nature of Cybercrimes and Jurisdictional Challenges: A cybercrime can

commence in one country and be consummated in another country, and it often raises some

cardinal issues such as disputes on national jurisdiction or national laws.

e. Inadequacy of the Existing Procedural Laws: The Criminal Code68 and the Penal Code69 were

not enacted in contemplation of information communication technology, therefore, they are

inadequate in prosecuting high technological offences like cybercrimes. The legal constraint,

under section 2 of the Criminal Code70 defines an offence as an act or omission which renders

the act or omission liable to punishment under this Code or under any Act or law and section

28 of the Penal Code71 Defines the offence as any under any law for the time being in force,

and section 36 (12) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)

states that a person shall not be convicted of a criminal offence unless that offence is defined

and the penalty is prescribed in a written law. These sections are impediments to the

prosecution of cybercrimes and inadvertently help cybercriminals as Nigeria utilizes an

adversarial system of criminal justice that presumed everyone innocent until the contrary is

proved.72

66
Chawki, M., A Critical Look at the Regulation of Cybercrime: A Comparative Analysis with Suggestions for Legal
Policy, > https://www.ie-ei.eu › Ressources › file › biblio>(accessed May 10, 2022).
67
Osipitan, T., Nigerian, Criminal Law under Science and Technology Environment, Seminar Paper on Polarization of
Science and Technologies, 1.
68
Cap 77, Laws of the Federation of Nigeria 2004.
69
Cap 53 Laws of the Federation of Nigeria 2004.
70
Criminal Code of Southern Nigeria Cap 77 Laws of the Federation of Nigeria 2004.
71
Penal Code of Northern Nigeria Cap 345 Law of the Federation, 2004.
72
Section 35 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

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f. Volume of internet banking and e-transaction impeded the capacity of the banks to scrutinize

all transactions and determine which are fraudulent or suspicious that require urgent anti-

cybercrimes agency.

g. Lack of global consensus on what types of conduct should constitute a computer-related crime

and the legal definition of criminal conduct.

h. Lack of expertise on the part of the police, prosecutors, and the courts on cybercrimes. Weak

specialized professional training for law enforcement agencies.

i. Lack of extradition and mutual assistance treaties and synchronized law enforcement

mechanisms would permit international cooperation and dynamics of cybercrimes. The non-

availability of coordinated criminalization of cybercrimes prompted an increase of

cybercrimes.73

5. Cyber Attacks in Selected Nations

S/N Countries Year Attacks Lessons Learned

1. Estonia 2007 There was an attack on its The prompted the need

infrastructure, which was allegedly to protect critical nation’

linked to the Russian Federation infrastructure from

due to political reasons.74 Websites vulnerability. The attack

of government and private sector was restricted to the

domain were defaced. computer system for the

period of inaccessibility

of services.

73
Ijaiya, H., Legal Response to Cyber Laws: An Appraisal, (2009), 5(1), the University of Ilorin, Law Journal,132-141.
74
EnekenTikk, Kadrikaska and Liis Vihul, International Cyber Incidents: Legal Considerations, NATO CCD COE, 2010
at 18, Traynor, Russia Accused of Unleashing Cyber-War to Disable Estonia, the Guardian, 17.05.2007; William C.,
Ashmore, Impact of Alleged Russia Cyber-Attacks, (2009), 11 Baltic Security & Defence Review, 8.

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2. Georgia 2008 Attacks were targeted at the There is a need for

government official website and aggressive research in

business by way of defacement.75 Information

Communication

Technology to combat

cybercrimes.

3. Iran 2009 The presidential election of 2009 There is a need for

generated protests to prevent aggressive research in

election fraud. Due to this, the Information

government banned social media Communication

and internet access in the country. Technology to combat

cybercrimes.

4. North Korea 2009 The government and civilians’ There is a need for

websites were attacked. aggressive research in

Information

Communication

Technology to combat

cybercrimes.

5. Nigeria 2015 Cyber-attack on Nigeria’s This attack contravened

Independent National Electoral the provision of the

Commission’s (INEC) website Cybercrime

during the Presidential election to (Prohibition, Prevention)

sabotage the voting process by the Act 2015. Cybercrime

suspected Nigerian Cyber Army. (Prohibition, Prevention)

75
Tikk, et al Cyber -Attacks against Georgia: Legal Lessons Identified, (2008), at 4 Hart, Long Time Battle Lines are
Recast in Russia and Georgia’s Cyber-War, Washington Post, 14.08.2008; Cyber-Security and Politically, Socially and
Religiously Motivated Cyber-Attacks, European Union, Policy Department External Policies, 2009.

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Act. There is a need for

aggressive research in

Information

Communication

Technology to combat

cybercrimes.

6. Findings and Discussion of Results

a. Absence of a robust law or regulation that protect online consumers or buyers. There is no

difference between the offence created by section 16(3) and the one created by section 8.

The provision of section 16(3) of the Act is inelegantly drafted. The offences created in the

sections are conterminous. The penalties and the elements are the same. Section 8is broader

and subsumes the provisions of section 16(3). Therefore, the word “Pornographic Material”

should replace the word “Pornographic Images” as the material is more encompassing.

b. Besides, unemployment, urbanization, greed and peer -pressure, lack of specific

cybercrime jurisprudence or legal framework on criminal law in cybercrime cases are

common grounds for cybercrimes in Nigeria.

c. The extant Nigerian Communication Act 2003 is inadequate to engender an efficient and

effective regulation of cybercrimes as the Act only made provisions for

telecommunications and its regulatory bodies without considering in details cybercrimes

and other internet-related crimes.

d. There is an overlap of regulatory bodies, ineffective or over-regulation, inefficient use and

allocation of scarce resources and making most provisions in the enabling Act obsolete.

Thereby poses some legal and regulatory challenges to the regulators.

e. The Nigerian Communications law should be reviewed constantly and made more flexible

because of the evolving nature of convergence and dynamism of cybercrimes.

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f. Enactment of relevant information communication technology laws, which are technology-

related, and the absence of such laws affect the robust regulation of cybercrimes. These

laws include Data Protection Act, Lawful Interception Act and Electronic Communications

Act, among others. These laws have not been enacted into laws in Nigeria.

g. Nigeria is lethargic in implementing its anti-cybercrimes law and must progress from mere

enactment of a law to the pavilion of law implementation.

h. Cyber-attacks threaten national security in Nigeria as the country legislation is still grossly

inadequate to combat cybercrimes.

Figure 1: Hybrid Model for Combating Cybercrimes in Nigeria.

Figure 1: Hybrid Model for Combating Cybercrimes in Nigeria.
The study designs a hybrid model for combating cybercrimes in Nigeria:

Combating Cybercrimes in
Nigeria

Enlightenment Stringent Frequent Strong

Campaign Implementation Overhauling or Political Will
against of Anti- Reform of Anti- and Sincerity
cybercrimes cybercrimes law cybercrimes law of Purpose by
Government

Source: The Author Created the Figure

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Figure 2: Hybrid Strategies for Combating Cybercrimes in Nigeria.

Defining and
Analyzing the
Problem of
Enactment of
Legal and Cybercrimes in
Whistle Blowers
Regulatory Nigeria
Protection Laws
Reforms

Mutual
Implement the Law Cooperation of
and the Policies all Stakeholders

Stringent
Sanctions for
Cybercrimes

Source: The Author Created the Figure

7. Conclusion and Policy Implications

It is submitted that even though the principles of the traditional contracts law can be applied to this

modern mode of entering into contracts, there is a need for certain issues to be specifically provided

for in the electronic transactions bill, for instance, the issue of who make the offers and who accepts

the offers in electronic commerce and when acceptance becomes effective. The study proposed a

hybrid strategy or model for combating cybercrimes in Nigeria. Besides, there has been scarce research

in assessing the strategies for combating cybercrimes in Nigeria. Therefore, the need to have a robust

assessment of the strategies for tackling cybercrimes by utilizing policy documents justifies the need

for this study.

This will greatly go a long way in combating cybercrimes, removing most of the uncertainties

surrounding electronic commerce, and facilitating this contemporary means of transacting business.
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The need for a legal regime and policy that can respond to cybercrimes phenomenon and keep abreast

with the various criminality trend in Nigeria through continuous review of the applicable anti-

cybercrimes policies and legislations to allay the fears of prospective investors in Nigeria and abroad.

To combat cybercrimes in Nigeria, there is the need for global cooperation among law enforcement

agencies, legislatures and other stakeholders via mutual legal assistance treaties and multilateral

treaties on cybercrimes prevention to combat the menace in Nigeria. In combating cybercrimes, there

is a need for education and human capacity development which is viable strategies with sincerity of

purpose to combat the new phenomenon called cybercrime.

8. Recommendations

a. Electronic commerce, by nature, goes beyond borders and so it is important to harmonize the

laws that regulate electronic commerce by making provisions for addressing the issue of who

makes the offer and who accepts the offer in electronic commerce and when acceptance

becomes effective.

b. Electronic Transactions laws should be amended to provide an enabling environment for the

growth of secured digital markets to encourage highly convenient means of transacting

business.

c. It is glaring that the protection offered by the applicable laws for the interest of online buyers

is insufficient. It is recommended that the provisions of the Sale of Goods Act be amended to

reflect the protection of buyers /consumers in the online sale of good transactions against

fraudulent and shady sellers.

d. A review of the Act to make provisions for general cybersecurity connected with all security

of the internet and not just crimes.

e. There is a need for physical and virtual policing of cyberspace to combat cybercrime as the

result of cyberattacks may be overwhelming, ranging from economic losses to physical

devastation. Therefore, there is a need for cyber threat intelligence to guarantee sustainable,

proactive cyber policing like the United Kingdom's National Cyber Crime Unit of the National

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Crime Agency that national combat cybercrimes and allied threat cyber threats. Regional

Organised Crime Units and Metropolitan Police Cyber Crime Unit, the Federal Bureau of

Investigation, is a leading agency in the United States to combat cybercrimes. Specific cyber

policing units similar to what obtains in the United Kingdom and the United States are now

proposed for Nigeria's Police Force and Directorate of National Security.

f. Cybercrime is a transnational and borderless crime; there is a need for a common holistic

platform for cooperation at the African regional and international levels for cyber-policing and

safe cyberspace through coordinated efforts of major stakeholders in cyber-policing such as

government institutions, business organizations, civil society groups, educational institutions

and anti-cybercrimes law enforcement agencies and security. Encouragement of forensic

investigation, cybersecurity administration and the use of cyber-policing software to tackle

cybercrime menace.

g. The Economic and Financial Crimes Commission should be properly combated cybercrimes,

and it must be practically independent and free from government interference in the execution

of its duties.

h. Special training of anti-corruption institutions, law enforcement agencies and judicial officers

on cybercrimes for efficiency in combating cybercrimes.

i. The study will be of immense benefit by offering an insight into the need for the protection of

internet users and their transactions or documents in Nigeria. The author also evaluated the

problems and extracted inferences that concluded in the findings of this study.

▪ Future research should focus on the effects of cybercrimes on Nigeria’s economies.

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