APPRAISAL OF THE CHALLENGES AND THE PROSPECT OF PROSECUTING CYBERCRIME IN NIGERIA

Abstract

This research work examined the challenges and prospects associated with prosecuting cybercrime in Nigeria. Cybercrime is rapidly increasing in Nigeria, with reported cases growing by 174% in the first half of 2022. However, prosecuting cybercrime faces significant difficulties due to limitations in Nigeria's legal framework and gaps in the capacities of law enforcement agencies and the judicial system. While the Cybercrime Act of 2015 criminalized cyber offenses, ambiguities remain around its scope, application and some key definitions. Investigating sophisticated cyber cases is also challenged by lack of technical expertise and resources within the Nigerian law enforcement. Further delays are caused within the overburdened judicial system due to case backlogs. To address these issues, the paper conducted an in-depth examination of Nigeria's domestic and international legal frameworks governing cybercrime prosecution. It evaluated the roles and responsibilities of institutions involved in cybercrime response. Next, the research analyzed findings to critically appraise challenges hindering effective adjudication of cyber matters. This includes deficiencies in Nigeria's cybercrime laws, limited technical capacity of law enforcement agencies, and delays in the judicial process. A doctrinal research method was employed, involving analysis of primary sources such as legislation, case law, and agency guidelines. Secondary materials like academic publications and news reports were examined. The findings identify ambiguities in some definitions in the Cybercrime Act and gaps in existing frameworks. The research recommends proposals to strengthen the legal framework and harmonize domestic laws with international standards to optimize cybercrime prosecution.