A study on the relevance of Budapest Convention on Cybercrime in Nigeria

Abstract

This research focuses on the relevance of the Budapest Convention on Cybercrime in Nigeria and more particularly on the substantive criminal law offences in the Convention. The Internet and computer devices are increasingly being used as tools for committing local and international crimes at alarming rates and in every facet of society. This research analyses the relevance of the Nigerian laws on Cybercrime and how effective this laws are in terms of combating the crimes in Nigeria. The research also analyses the provisions of substantive criminal offences in the Budapest Convention with an effort to strengthen the Nigerian Cybercrime act 2015. The Nigerian Cybercrime Act is the existing legal framework meant to combat cybercrimes in Nigeria. This is evident from the manner in which the Internet has shaped human life and communities across the globe. The research objectives centre on the analysis of the theories of cybercrime and the classes of cybercrimes which are prevalent in Nigeria. The research also analyses the substantive criminal law offences in the Budapest Convention on Cybercrime, including the European Union Directive on Cybercrime as complement as well as the regional Convention on Cybercrime which cover African Union Convention and ECOWAS Directive. The research analyses the Shariah principles dealing with various classes of cybercrimes in Nigeria. The methodology mainly adopted in this research work is a doctrinal approach. However, the research made use of limited qualitative research methods by using structured and semi-structured interviews to elicit original feedback from respondents. The research reveals that most Nigerian citizens, parliament, stakeholders are not aware of the scope of cybercrime or the relevance of the Budapest Convention on Cybercrime in Nigeria. The thesis recommends that the government should, through the relevant institutions, enlighten the public to the menace of cybercrime and proposed few amendments to the existing Cybercrime Act 2015, in order to match with the realities of current practices. Furthermore, by adopting the Budapest Convention as a possible guide for Nigeria, it will help strengthen the legal framework in combating cybercrimes in the country.