Abstract
Over the past 20 years, the globe has witnessed a tremendous digital revolution, marked by exponential growth in online business, mobile technology, and internet access. The increasing use of computers, mobile devices, and the internet in recent times has created new avenues for crime to manifest.
In Nigeria today, a number of technology-enabled crimes are committed daily in various forms such as phishing emails, spam, pornography, cyber bullying, scams, hacking, identity theft and so on. These crimes, generally referred to as “cybercrime”, pose a significant threat to society and organizations at large.
In response to this growing menace, Nigeria has enacted several statutes and legislations aimed at curbing such offenses. However, despite the existing laws, cybercrime continues to thrive in Nigeria. This study seeks to shed light on the gaps in the current legal frameworks such as limited technical capacities, jurisdictional challenges in cross-border crimes, and insufficient public awareness about cybercrime laws.
This article seeks to accomplish this by:
- Analysing the various forms of cybercrime
- Assessing the legal frameworks and their gaps
- Evaluating the enforcement mechanisms
- Highlighting the practical challenges faced by law enforcement agencies
By assessing the existing gaps in the cybercrime laws, this paper recommends a multifaceted approach such as fostering international collaboration and public sensitization on cybercrimes and the legal remedies among others.
Keywords: Cybercrime, Cyber, Nigeria, Offense
Introduction
Cybercrime is the term for unlawful online and computer-based activity. These actions might include everything from identity theft and financial fraud to computer system attacks and the dissemination of unlawful content. It basically refers to the use of digital technology to carry out or enable illegal activities.
Cybercrime is a major danger to people, companies, and the economy of the country. From classic frauds to intricate attacks on corporate and financial systems, cybercrime has grown both sophisticated and pervasive in Nigeria.
Common Forms of Cybercrime in Nigeria
- Advance Fee Fraud (419 scams): Persuading victims to send money in exchange for a fake reward. Historically linked to letters/faxes, now prevalent via websites, social media, and email.
- Sextortion: Criminals threaten to release private photos/videos unless ransom is paid, often exploiting social media and dating apps.
- Business Email Compromise (BEC): Hackers manipulate authentic business emails to trick staff into transferring money or revealing confidential data.
- Cryptocurrency Scams: Ponzi schemes, fraudulent investment platforms, and bogus ICOs that cause significant financial loss.
- Ransomware Attacks: Hackers encrypt data and demand payment to unlock it, affecting individuals, businesses, and infrastructure.
- Identity Theft & Phishing: Criminals impersonate trusted organizations to steal private data.
- Romance Scams: Exploit trust and emotions to deceive victims into financial loss.
Causes of Cybercrime in Nigeria
These crimes are caused by a number of socioeconomic factors, including:
- High unemployment and poverty rates leading individuals to cybercrime as income.
- Poor digital literacy making citizens more vulnerable to scams.
- Weak enforcement of existing rules allowing offenders to act with impunity.
Nigeria’s cybercrime scene is therefore varied and intricate, reflecting both regional and socioeconomic variables as well as global trends.
Evolution of Cybercrime in the Digital Age
The surge in cybercrime in the early 2000s coincided with the rise of social media, which encouraged users to disclose personal information online. Criminals leveraged this data for:
- Identity theft
- Financial fraud
- Unauthorized access to banking systems
Over time, cybercrime expanded dramatically into a highly organized and lucrative multinational enterprise, generating revenues estimated in the hundreds of billions annually.
Nigeria’s Legal and Institutional Responses
Early Framework
- Criminal Code Act: Addresses false pretenses and fraud.
- Advance Fee Fraud and Other Related Offences Decree (1995): Targeted financial scams.
- 2003: Creation of the National Cyber Security Initiative (NCI) and Nigerian Cybercrime Working Group (NCWG).
- 2007: Inauguration of the Directorate for Cybersecurity (DfCS).
Cybercrime Act 2015
Nigeria enacted the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, the first holistic statute on cyber offenses. It criminalized:
- Hacking
- Cyberstalking
- Identity theft
- Attacks on critical infrastructure
The Act also required service providers to preserve and share data for investigations.
Recent Developments
- Cybercrimes Amendment Act 2024: Closed loopholes, enhanced penalties.
- EFCC Cybercrime Rapid Response Desk: 24/7 public reporting and better international coordination.
Legal Frameworks
National Framework
- Cybercrimes Act 2015 (amended 2024) – Defines offences, investigative powers, and penalties.
- Nigeria Data Protection Act 2023 – Regulates personal data handling.
- Institutions: EFCC, NDPC, NITDA, ngCERT.
Regional Framework
- AU Malabo Convention – Blueprint for harmonizing African cyber laws.
- ECOWAS Directive on Fighting Cybercrime (2011) – Provides model laws and procedures.
- ECOWAS Supplementary Act on Personal Data Protection (2010).
International Framework
- Budapest Convention (2001): Criminalises illegal access, system interference, fraud, etc.
- Second Additional Protocol (2022): Improves cross-border cooperation and privacy safeguards.
Challenges and Gaps in Nigeria’s Cybercrime Laws
Despite progress, major challenges remain:
- Weak enforcement and inconsistent prosecution
- Lack of advanced forensic tools and skilled investigators
- Corruption and collusion with fraudsters
- Jurisdictional and cross-border prosecution difficulties
- Poor awareness and under-reporting by victims
- Outdated laws not addressing AI fraud, deepfakes, crypto scams
- Insufficient funding for EFCC and police cyber units
Conclusion
While Nigeria has made commendable progress through the enactment of the Cybercrimes Act 2015 and specialized agencies like the EFCC cybercrime unit, the country still faces significant enforcement obstacles. Outdated legal provisions, insufficient funding, and the borderless nature of cyber offenses undermine effectiveness.
International cooperation, evidence sharing, and cross-border investigations are therefore essential to address cybercrime comprehensively.
Recommendations
- Complete legal reforms – Continuous review of cyber laws for precision and human rights compliance.
- Strengthen global and regional cooperation – Fully operationalize Budapest and Malabo Conventions.
- Sectoral regulation – Extend CBN Risk-Based Cybersecurity Framework to fintech, telecoms, and energy.
- Data protection enforcement – Leverage the Nigeria Data Protection Act 2023 for investigations.
- Victim-centered justice – Fast-track confiscation, restitution, and asset recovery.
- Specialized courts and policing – Create cyber divisions in Federal High Courts, enhance forensic labs.
- Public-private partnerships – Establish cyber talent corps, regulated threat-intel exchanges, and bug bounty programs.
- Prevention and awareness – Mandate cyber hygiene education and continuous fraud alerts via banks, telcos, and platforms.
References:
- O Adegbola and A Fadara, Cybercrime Among University Undergraduates in Nigeria: Legal and Policy Implications (2018).
- A Hassan, D Funmi and J Makinde, Cybercrime in Nigeria: Causes, Effects and the Way Out (2012) ARPN Journal of Science and Technology 2(7) 626.
- INTERPOL, New INTERPOL Report Warns of Sharp Rise in Cybercrime in Africa (2025).
- The Times, Hundred Arrested over Nigerian Crypto Romance Scams (2024).
- Cybercrimes (Prohibition, Prevention, etc.) Act 2015.
- Criminal Code Act Cap C38 LFN 2004.
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