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.
Table of Contents
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
Objectives and Core Themes
This study aims to appraise the relationship between Information and Communications Technology (ICT) and the Nigerian criminal justice system. It examines how legal frameworks can adapt to address the challenges posed by the rapid evolution of digital technologies and the consequent rise in cybercrimes.
- The impact of ICT on the Nigerian judiciary and legal proceedings.
- The emergence of cybercrimes and the difficulty of applying conventional evidence standards.
- Evaluation of the Cybercrime Act 2015 and other relevant legislative frameworks in Nigeria.
- The need for enhanced cybersecurity strategies and data protection measures.
- Recommendations for integrating ICT into legal education and police training.
Excerpt from the Work
2.4 Understanding Cybercrimes: Phenomena and Challenges
Most reports, guides or publications on cybercrime begin by defining the terms “computer crime” and “cybercrime”. In this context, various approaches have been adopted in recent decades to develop a precise definition for both terms. Before providing an overview of the debate and evaluating the approaches, it is useful to determine the relationship between “cybercrime” and “computer-related crimes”. Without going into detail at this stage, the term “cybercrime” is narrower than computer related crimes as it has to involve a computer network. Computer-related crimes cover even those offences that bear no relation to a network, but only affect stand-alone computer systems. During the 10th United Nations Congress on the Prevention of Crime and the Treatment of Offenders, two definitions were developed within a related workshop: Cybercrime in a narrow sense (computer crime) covers any illegal behavior directed by means of electronic operations that target the security of computer systems and the data processed by them. Cybercrime in a broader sense (computer-related crimes) covers any illegal behavior committed by means of, or in relation to, a computer system or network, including such crimes as illegal possession and offering or distributing information by means of a computer system or network. One common definition describes cybercrime as any activity in which computers or networks are a tool, a target or a place of criminal activity. There are several difficulties with this broad definition. It would, for example, cover traditional crimes such as murder, if perchance the offender used a keyboard to hit and kill the victim.
Summary of Chapters
CHAPTER ONE: This chapter introduces the study, providing the background on increasing reliance on technology and stating the problem regarding the inadequacy of current Nigerian legal frameworks to combat cybercrime.
CHAPTER TWO: This chapter examines the literature surrounding the blend of ICT and the Nigerian justice system, tracing the history and development of ICT and analyzing how it has changed the nature of crime.
CHAPTER THREE: This chapter analyzes the current legal and institutional framework in Nigeria, specifically detailing the Cybercrime Act 2015 and other relevant statutes like the Economic and Financial Crimes Commission Act.
CHAPTER FOUR: This chapter explores cybersecurity, focusing on data protection, the necessity of safeguarding information, and international strategies for managing cybersecurity risks.
CHAPTER FIVE: This chapter provides the final summary of the study, draws core conclusions, and offers recommendations for educational, legislative, and security approaches to integrate ICT effectively into the Nigerian legal context.
Keywords
ICT, Nigerian Criminal Law, Cybercrime, Cyber Security, Cybercrime Act 2015, E-commerce, Data Protection, Electronic Evidence, Criminal Justice, Judicial System, Computer Fraud, Identity Theft, Legal Framework, Digital Transformation, Information Security.
Frequently Asked Questions
What is the core focus of this research paper?
The paper is an appraisal of Nigerian criminal law in the context of global advancements in Information and Communication Technology (ICT).
What are the primary thematic areas explored in the study?
The paper covers the intersection of ICT with Nigerian law, the definition of cybercrimes, existing institutional frameworks, the challenge of electronic evidence, and the protection of electronic consumers.
What is the main objective of the author?
The primary aim is to reveal that the Nigerian legal system, particularly the criminal code, is lagging behind in the global ICT revolution and to suggest measures to address these regulatory loopholes.
Which research methodology does the author employ?
The study relies on both primary sources, such as the Evidence Act 2011 and the Cybercrimes Act 2015, and secondary sources, including textbooks, journals, legal expert opinions, and internet research.
What does the main body of the work cover?
The body chapters detail the history of ICT, the nexus between technology and crime, a thorough analysis of the Cybercrime Act 2015, and an investigation into cybersecurity policies and strategies.
Which keywords best characterize this work?
Key terms include ICT, Cybercrime, Nigerian Criminal Law, Data Protection, Cybersecurity, and E-commerce.
How does the Cybercrime Act 2015 approach the issue of online threats?
The Act provides a legal framework to criminalize acts like unlawful access, system interference, identity theft, and spamming, and establishes the Cybercrime Advisory Council to oversee these issues.
What specific challenges does the author identify regarding the implementation of the Cybercrime Act?
The author highlights issues such as the lack of technical qualifications for council members, absence of private sector representation, and poor public awareness of cyber-crimes.
What recommendation does the author make for legal education in Nigeria?
The author recommends introducing Digital or ICT Law as an optional module in law faculties to equip future lawyers and judges with the necessary technical knowledge.
Why does the author consider Nigeria to be lagging in the ICT revolution?
The author attributes this to the lack of updated legislative provisions, insufficient infrastructure, erratic power supply, and a traditional, conservative approach to judicial procedures that struggles to adapt to modern technological realities.
- 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
