This study examines the stand point of Nigerian criminal law on Information and Communications Technology (ICT), the jurisprudence of an emerging E-law, the Impact of Information Technology on court process and how ICT has changed the face of crime. It further appraises selected concepts associated with ICT in contemporary issues as they relate. This study shall rely on both primary and secondary sources of information. The primary sources include the Evidence Act 2011, The Economic Financial Crimes Commission Act, Criminal Code 2004, Cybercrimes Act 2015 and International Conventions. The secondary source includes textbooks, journals, articles, opinions of legal luminaries and the internet.
The ICT revolution has brought along Computer Crimes (cyber-crimes) which poses a serious challenge to the Nigerian Judiciary. Issues of Criminal Trespass into another computer, theft of computer data, the use of internet to commit or aid in the commission of fraud could hardly be established through the conventional standards of evidence in the Nigeria criminal system.
Most statutes both substantive and subsidiary are not ICT proactive. In fact, some laws and rules of procedure run counter to ICT regime. These have to be reviewed before electronic and computer-generated evidence can be admissible in our courts13.
Commercial transactions that are electronically conducted will be difficult to establish under the Evidence Act because of non-compliance with some provisions of the Act. For instance, it would not be possible under the Act to prove PIN number as representing signatures in a transaction that was conducted electronically.
Increased inflow of foreign investors and development partners whose systems are wholly ICT based would compel the Nigerian Courts to embrace IT, otherwise confidence of these investors and partners may be eroded.
Provision and maintenance of ICT infrastructure and equipment is capital intensive. The Nigerian Judiciary, particularly in the states, lack the resources to undertake the venture. Added to this is the problem of our maintenance culture, erratic power supply and poor capacity building.
Inhaltsverzeichnis (Table of Contents)
- DEDICATION
- TABLE OF STATUTE
- LIST OF ABBREVATION
- ABSTRACT
- CHAPTER ONE
- 1.0 GENERAL INTRODUCTION
- 1.1 Background to the Study
- 1.2 Statement of The Problem
- 1.3 Aims and Objectives of Study
- 1.4 Research Methodology
- 1.5 Significance of Study
- CHAPTER TWO
- 2.0 THE LAW AND INFORMATION AND COMMUNICATIONS TECHNOLOGY
- 2.1 History and Development of ICT
- 2.2 The Nexus Between ICT And Crime
- 2.3 How ICT Changed the Face of Crime
- 2.4 Understanding Cybercrimes: Phenomena and Challenges
- 2.4.1 Classification of Cybercrimes
- 2.4.2 Development of computer crime and cybercrime
- CHAPTER THREE
- 3.0 LEGAL AND INSTITUTIONAL FRAMEWORK ON ICT AND CYBERCRIMES IN NIGERIA
- 3.1 Cybercrime Act 2015
- 3.1.1 Highlights of the cybercrime Act
- 3.1.2 Administration and Enforcement of the Cyber Crime Act 2015
- 3.1.3 Establishment of The Cybercrime Advisory Council
- 3.1.4 Overview of Selected Offences and Penalties
- 3.1.5 The Shortcoming of the Cybercrime Act 2015
- 3.2 Advance Fee Fraud and Related Offences Act
- 3.3 The Nigerian Criminal Code Act 2004
- 3.4 Economic and Financial Crimes Commission Act 2004
- 3.5 Independent Corrupt Practices Act 2000
- 3.6 The Nigerian Communications Act
- CHAPTER FOUR
- 4.0 CYBER SECURITY
- 4.1 Data Protection
- 4.2 E-Consumer Protection in Nigeria
- 4.3 Managing cyber-security risks
- 4.4 Cyber Security Policies and Strategies of various countries
- CHAPTER FIVE
- 5.0 SUMMARY, CONCLUSION AND RECOMMENDATION
- 5.1 Summary
- 5.2 Conclusion
- 5.3 Recommendation
- BIBLOGRAPHY
- TABLE OF STATUTE
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This long essay aims to assess the effectiveness of the Nigerian criminal law in addressing cybercrime within the context of the global phenomenon of information and communication technology. It explores the evolution of ICT and its impact on crime, including the rise of cybercrime and its various forms. The essay further examines the legal and institutional frameworks in place to combat cybercrime in Nigeria, focusing on the Cybercrime Act 2015 and its strengths and weaknesses.
- The intersection of ICT and the law in Nigeria.
- The rise and evolution of cybercrime in the digital age.
- The legal and institutional frameworks for combatting cybercrime in Nigeria.
- The effectiveness of the Nigerian criminal law in addressing cybercrime.
- The role of cybersecurity in mitigating cybercrime threats.
Zusammenfassung der Kapitel (Chapter Summaries)
The first chapter provides a general introduction, outlining the background, problem statement, objectives, methodology, and significance of the study. Chapter two explores the historical development of ICT and its impact on crime. It examines the relationship between ICT and crime, the changing face of crime in the digital age, and the diverse types of cybercrimes. Chapter three dives into the legal and institutional framework on ICT and cybercrime in Nigeria. This chapter analyzes the Cybercrime Act 2015, highlighting its key provisions, implementation, and shortcomings. It also explores other relevant laws such as the Advance Fee Fraud and Related Offences Act, the Nigerian Criminal Code Act 2004, and the Economic and Financial Crimes Commission Act 2004. Chapter four focuses on cybersecurity, encompassing data protection, e-consumer protection, managing cyber-security risks, and cyber-security policies in various countries.
Schlüsselwörter (Keywords)
The key focus areas of the study include: ICT, cybercrime, Nigerian criminal law, cybercrime legislation, Cybercrime Act 2015, data protection, e-consumer protection, cybersecurity, and digital crime prevention.
- Quote paper
- David Vanteko (Author), 2019, The Nigerian Criminal Law in the Global Phenomenal of Information and Communication Technology, Munich, GRIN Verlag, https://www.grin.com/document/1298614
