LEGAL AND INSTITUTIONAL FRAMEWORK FOR COMBATTING CYBERCRIME IN NIGERIA

 

                                                                          CHAPTER ONE

                                                                         INTRODUCTION

1.1 Background to the Study 

Technological advancement and the increasing popularity of the internet in the last two decades have transformed the way individuals, organizations and governments carry out their business activities globally .  According to Ndible , the internet which is known as the global network of millions of computers and devices has evolved and advanced to include the Internet of Things (IoT) which connects physical things such as office equipment, home appliances, automobile and communication gadgets.

Development in technology has serious effect on business which can be of advantage and disadvantage to the society at large.  Thus, Parthiban & Raghavan  asserted that the increasing rates of cybercrimes globally could be associated to the disruption of technology which has done more harm than good. Conversely, Lakshmi & Ishwarya  allude that technological advancement such as the Internet, Internet of Things, Artificial Intelligence and other up-and-coming technologies have assisted in mitigating crimes such as internet frauds, money laundering, terrorism and so on. 

Supporting Parthiban and Raghavan, Ewepu  maintained that the Nigerian banking sector has lost and continue to lose billions of Naira yearly to cybercriminals as a result of the emerging technologies which many developing countries like Nigeria are yet to have infrastructures that could protect their businesses and customers from the menace of cyber criminals. 

Cyberspace is, to a large degree, the manifestation of postmodern societies through which innovative technologies have generated new social atmosphere and new reality . Cybercrime is a new phenomenon which continues to increase as the Internet infiltrates every field of our society. The exponential development of digital technology has brought with it the evolution of various internet crimes. While the internet has become a double-edged sword that gives individuals and organizations resources, it poses an increased risk of information security. In recent years, cybercrime has become a major concern to many nations, forcing various governments around the globe to pass effective legislation and introduce consistent procedural mechanisms to combat cybercrime. 

The case of Ramon Olorunwa Abbas, commonly known as Hushpuppi  in cybercrime which has made global headline news shows that various local and international cyber criminals with money laundering syndicates are on the increase as investigated by INTERPOL and target individuals, organizations and governments .  According to Okwumbu , INTERPOL claimed that Ramon Olorunwa Abbas and his collaborators were allegedly engaged in fraud and money laundering of over $100 million meant for unemployed Americans.   Organizations’ financial transaction emails and documents were redirected and wire transfer funds intercepted by these cyber criminals.  "BEC schemes are one of the most complex cyber criminals we face, usually involving organized group of con artists spread across the world that has experience in computer hacking and manipulating the international financial system. 

In a recent report,  FBI revealed that  $1.7 billion in damages by businesses and individuals targeted by business email compromising scams, according to Paul Delacourt of the FBI field office in Los Angeles 

1.2 Statement of the Problem 

The role of Information Communication Technologies (ICT) in an emerging economy like Nigeria has been widely recognized at various levels. The recognition is reflected in actions such as the development and deployment of national ICT infrastructures, institutional and regulatory framework for managing the sector. In addition, the adoption of ICT in all sectors of the economy, implementing e-governance in government institutions, among others have been of enormous benefits to individuals, institutions and the government.   Notwithstanding, the success Nigeria has recorded in ICT has been under threat through increasing activities of cybercrime in the country and beyond. The report that Nigeria ranks seventh in cyber fraud, out of ten countries identified in the world and second in Africa is alarming. Cyber fraud ranges from hacking of official websites to identity theft. The menace has occasioned financial losses to many individuals and organization most of which are usually unreported. The internet connectivity, for instance, makes it easier for criminals to operate beyond national boundaries. This development has impacted negatively on Nigeria’s image in the global environment. 

Many companies in the western world have blacklisted credit card transactions coming from the country. To buttress this point, Onyekwere  revealed that Nigeria was the second most frequently blocked location by U.S e-commerce sites because retailers are skeptical of fake orders from internet scammers. Such negative blows to our credibility cement the difficulty Nigerian businessmen/businesswomen face in attempts to penetrate the western market with our local products. It is also causing foreign investors to be wary of conducting business in the country and in the end it affects the financial inflows that government could generate to maintain the balance of payment deficit in the fiscal year. Looking at the pervasive nature of the phenomenon and its socio-economic and political dimensions, concerns have been raised by well-meaning Nigerians and it is on this background that this study seeks to analyze the legal and institutional framework for combatting cybercrime in Nigeria.

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