Home VOL 5 | 2019 CRITICAL EXPOSITION OF THE NIGERIAN CYBERCRIMES (PROHIBITION, PREVENTION, ETC) ACT, 2015 By...

CRITICAL EXPOSITION OF THE NIGERIAN CYBERCRIMES (PROHIBITION, PREVENTION, ETC) ACT, 2015 By F. E. Eboibi

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Abstract

The Nigerian Cybercrimes (Prohibition, Prevention, Etc) Act, 2015(the Act) is the first Nigerian legislation that regulates the activities of persons online. It is a swift legislative response to the ever-increasing technological challenges, especially the perpetuation of crime in cyberspace. Although the development of information and communication technology has paved the way for its positive impact in society, it has engineered the perpetuation and proliferation of heinous crimes through the internet. Consequently, most nations having recognized the perpetration of crimes through the internet have enacted Laws to regulate the conduct of persons in cyberspace. It is in this regard that the Nigerian Act expressly set out what constitutes a cybercrime offence and the punishment for any cyber-related offence. Despite the laudable nature of the Act, it raises many concerns concerning some of the provisions. Hence, this paper endeavours a critical analysis of the provisions of the Act. It considers the general division of the Act into various parts. The tabulation of offences and ascribed punishments created under the Act for ease of reference and key provisions that might constitute a stumbling block to the implementation of the Act and possible conflicts with other Acts of the National Assembly are considered.

 Key-Words: Cybercrime Law, Cyberspace, Cybercrime offence, Cybercrime punishment, Nigeria.

Introduction

The growth of technology and its attendant effect on the global society cannot be undermined by the mere fact that laws exist to regulate the activities of citizens in our country. This is borne out of the fact that with the growth of internet facilities and the liberalization of cyberspace comes an increase in the rate of cybercrime perpetuation in our society, which has posed difficult task on our law enforcement agencies.

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