Emulating the Provisions of the Budapest Convention on Cybercrime in the Nigerian Cybercrime (Prohibition, Prevention etc) Act 2015: Contextual Implications

Abstract

Cybercrime is a global phenomenon. The context of cybercrime must focus on the regulations and this is the concern of the nations across the globe. The global community strives in providing the machineries meant to combat the crimes while using the Budapest Convention (International Convention) as the guiding tool. Therefore, countries must take measures as a matter of international and national concern to combat the spread of the crimes. The aim of paper is to examine the rise and the challenges of cybercrimes in Nigeria. It further examines the real
occurrences of computer crimes as a major setback to the Nigerian government and, in addition, it explores some salient provisions of the Nigeria Cybercrime (Prohibition, Prevention etc) Act 2015. Finally, it analyses the important provisions of the Articles of the Budapest Convention of Cybercrime through the relevant provisions of the Nigeria Cybercrime (Prohibition, Prevention etc) Act 2015. The methodology adopted by the paper is a doctrinal approach method wherein both primary and secondary sources of data are analysed. The paper finding reveals that the cybercrimes committed in the country can be dealt with by the relevant provisions of both the Cybercrime Act 2015 and the Budapest Convention on Cybercrime. The paper is limited to the discussion of cybercrimes in Nigeria, in the view of the Nigeria Cybercrime Act 2015 as well as Budapest Convention on Cybercrime. The paper immensely contributes as an addition to the literatures, exploring the gaps between the Nigerian Cybercrime Act 2015 and the Convention on Cybercrime. The paper recommends that the Federal Government of Nigeria should effectively utilize the Cybercrime Act 2015 in combating cybercrimes in Nigeria and further demonstrate a good will in the fight of cybercrime.