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A Review of the National Cybercrime Law and its Attendant Impact on National Security in Nigeria

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Abstract

This paper is a study on the issues in cybercrime, offences and penalties, and challenges that provoke cyber policy established in Nigeria. It seeks to define what cybersecurity and cybercrimes are from the perspective of the National cybercrime law. The focus of this study, however, is to highlight crimes or offences considered to have an impact on national security, the related issues, the effects of cybercrimes, challenges, and prospects. The study concludes that the leading causes propelling Nigerians to indulge in cybercrimes are disorientation and the rate of unemployment
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Cyber-space refers to the boundless space known as the internet. Cyber-security is the body of rules put in place for the protection of the cyber space. Cyber-crime refers to the series of organized crime attacking both cyber space and cyber security. The Internet is one of the fastest-growing areas of technical infrastructure development. Over the past decades, the growth of the internet and its use afforded everyone this opportunity. Google, Wikipedia and Bing to mention a few, give detailed answers to millions of questions every day. Cyberspace is a world that contains just about anything one is searching for. With the advent of these advancements in information accessibility and the advantages and applications of the internet comes an exponentially growing disadvantage-Cyber Crime. Cyber security has risen to become a national concern as threats concerning it now need to be taken more seriously. This paper attempts to provide an overview of Cybercrime and Cyber-security. It defines the concept of cybercrime, identify reasons for cyber-crime and its eradication. It look at those involved and the reasons for their involvement. Methods of stepping up cyber security and the recommendations that would help in checking the increasing rate of cyber-crimes were highlighted. The paper also attempts to name some challenges of cybercrime and present practical and logical solutions to these threats.
Thesis
The evolution of the Internet amidst a rapidly growing global economy has created a completely new environment in which traditional crime prospers. Equally the convergence of computing and communication has changed the way we live, communicate and commit crime. Cybercriminals in Nigeria commonly known as “419 scammers”; a word coined from the Nigerian criminal code that penalises people from obtaining money under false pretense cost the Nigerian consumer $13.5 billion dollars in losses in 2012. (Clarke, 2004, Sesan et al., 2012; Grabosky, 2001;). Previous studies have focused on the causes and effects of cybercrime in Nigeria (Hassan et al., 2012; Adesina, 2017); laws penalising against misuse of computer (Olusola et. al., 2013b; Saulawa & Abubakar, 2014) and have focused relatively on financial cost and socio-economic effects of cybercrime (WITFOR, 2005; Sesan et. al., 2012). Even though some studies have tried to explore cybercrime from the perspective of law enforcement Agencies in the UAE and Jordan (Maghairah, 2009; Alkaabi, 2010), none has been done holistically from the view of law enforcement and members of the Cybercrime Advisory Council in Nigeria. Adopting a classical criminological framework of Routine Activity Theory (RAT), this thesis examined particularly cyber-enabled crime of advance fee fraud in Nigeria within the scope of RAT which argued that for crime to take place, three requirements must be present namely; a motivated offender, a suitable target and an absence of a capable guardian. The thesis examined the factors that motivates an offender and what elements makes a target (i.e. victim or computer) suitable for a crime. In the process, it considers the suitability of a law enforcement officer and some members of the Cybercrime Advisory Council (CAC) as capable guardians and what factors limits their capabilities in mitigating the activities of cybercriminals. The research has been framed on an interpretivist paradigm and relativist philosophical stance, with focus on an inductive qualitative approach involving semi-structured interviews and documentation. These involved policy makers, members of parliament, telecommunications and ICT regulators on one hand; and investigators, prosecutors, forensic analyst and media practitioners particularly from the Economic and Financial Crimes Commission (EFCC), which is a leading law enforcement agency in the fight against cybercrime. The multi-dimensional evidence explains the role played by each of the stakeholders, the measures and partnership deployed in tackling cybercrime, and the challenges and recommendations needed in the international effort to tackle cybercrime globally. Findings suggests that the proliferation and lack of effective policing of the internet enabled by the greed of individuals and lack of enforcement and collaboration of relevant stakeholders has led to financial losses to victims. The findings further show how lack of proper education and awareness of individuals, and adequate training and provision of tools for law enforcement officers contributes to the high prevalence of cybercrime in Nigeria. Evidence is provided that documents the way members of the Cybercrime Advisory Council and especially the EFCC have attempted to overcome these challenges through partnership, capacity building and enforcement of relevant laws and policies aimed at addressing the issue of cybercrime in Nigeria. The findings of this research could help in understanding the implication of technology in crime detection and prevention, and also contribute to adhering to policies and international conventions in limiting the negative impact of cybercrime. The findings equally extends the criminological understanding of online deviant behaviours and furthers the current discussion on the role of law enforcement in policing the Internet
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