Background
of the Study
Society is increasingly relying on new information
technology and the internet to conduct business, manage industrial activities,
and engage in personal communication among other numerous benefits. While these
technologies allow for enormous gain in efficiency, productivity and
communication they also create a vulnerability to those who wish to take an
advantage of new situations.[1]
The exponential growth of the
internet and its global acceptance is generating increasing security threats.
The cyber space creates unlimited opportunities for commercial, social, and,
educational activities as well as a haven for societal miscreants to perpetrate
their insidious acts.
Cyber crime is increasing astronomically each day as
the internet continues to permeate every nooks and crannies of our society and
no one can predict the next dimension. The crime usually requires herculean
task to trace. It attracts attention globally because its impacts are
ubiquitous just as its negative effect is devastating to the economy and leads
to investment phobia. Nigeria just like other sub-Saharan African countries is
the last to embrace ICTs such as the internet and mobile technologies[2] .
A decade ago, only very limited number of countries had local internet access.
Today, the situation is quite different. Internet penetration is on increase in
Nigeria with most of the citizens who cannot afford the private internet
facilities depending on public and commercial internet access points such as
cyber cafes, for rudimentary internet access. Cyber cafes in turn exploit this
opportunity by charging exorbitant fees for their service.[3]
Despite this monumental growth in ICT adoption, fundamental problem of erratic
power supply also rear its ugly head. The inadequate telecommunication infrastructure
has also continued to hinder the nation from uninterrupted access to innovative
information technology applications such as e-government, e-commerce,
telemedicine, teleconferencing and tele-democracy.[4]
The current level of ICT penetration
has brought renewed interest in the investment and innovative use of
information and communication technology for modern development. This is
evident in the proliferation of the internet access points, the use of cell
phones, ipods, i-pad, ATMs, credit cards, etc. According to internet world
stats[5],
Nigeria as at November 2007, accounts for the highest number of internet users
in Africa. By June 2009 available statistics showed that Egypt is on the lead
followed by Nigeria. However, today Nigeria has taken the first position on the
table[6]
The proliferation of information and communication
technology (ICT) in Nigeria (just as in other countries) has brought with it
tremendous changes in socio-economic growth and development in different facets
of Nigerian economy, banking, insurance, stock market, law, production,
services, etc. Paradoxically, ICT has also evolved to become a sophisticated
tool in the hand of criminals for perpetrating different forms of cyber crime.
Unintended consequences such as e-mail scam, identity theft, child pornography,
organized crime and solicitation for prostitution, fake lotteries and scam text
messages as well as cyber piracy are few of the vices that have become
recurring indices on the internet. A wave of fraudulent mails and other sharp
practices referred to as “419”
scamming in Nigerian parlance pervade the entire web space[7].
This ugly trend acts as a canker worm against economic
development in Nigeria and has compounded the challenges facing Nigeria in the
fight against corruption and other vices. This ugly trend also has the
potential to serve as a breeding ground for cyber terrorism where the religious
extremists and militants within Nigeria can recruit train and plan terrorist
attacks with just laptops and internet access.
There is no doubt from the foregoing, that cyber crime
is an image nightmare for Nigeria not minding the opportunities presented by
internet. Some Nigerian youths have decided to turn their backs on these
opportunities and compelled by the get-rich quick syndrome, have rather chosen
the way of men of the underworld and use the internet for criminal means. This
indeed is never the intention of the inventors of this “magic” tools.
Some Nigerian youths and other
perpetrators of cyber crime must know that whatever affects the users of
internet affect the economy of the country due to the influence the ICT has on
every aspect of Nigerian economy. This study is therefore a response to the
rise in cases of cyber crimes in Nigeria. This study seeks to show that currently
the legal regime is not well suited to face the challenges posed by cyber
crime. At present, there is no cyber law in the country and a Bill[8]
introduced in the National Assembly since 2004 has been lying dormant in the
House without much enthusiasm on members to pass this Bill. It is the task of
this writer to analyze how cyber crimes have affected and will continue to
affect the economy of this country until viable legal and institutional
frameworks are put in place.
Statement of the Problem
Nigeria as a developing country
needs a lot more than mere policy framework to meet up with other advanced
nation. Most of the developed countries of the world did not get to where they
are without a combination of various factors which among others include;
technology, sound economic policy, effective legal system to check the
activities of criminals, patriotic and honest citizens who can do anything to
move their nations forward.
The problem of cyber crimes in
Nigeria is an off shoot of other numerous problems[9]
confronting the nation. Some of these problems are caused by mismanagement on
the part of the leading elites, while some others are caused by lack of value
orientation on the part of citizens. The get rich quick syndrome and our crave
for materialism have surfaced through various factors and facets. Hardwork is
not rewarded in Nigeria. The rich is worshipped and followed without
questioning the source of the wealth. This has led to moral earthquake among
the citizens.
The rise in cyber crimes such as ATM frauds, piracy, hacking,
pornography, email scams, etc it not favourable to our economic cum socio
development. It imparts negatively to every facets of our nation lives. It
scares investors and discourages local and foreign investment. It also erodes
public confidence in the financial sector and discourages hard work in academic
environment. Pornography also has negative effect on the young ones. All these
problems and more have been exacerbated by cyberspace crimes.
Nigerian as a country currently has no law regulating
activities on the cyberspace. The only laws which appear close to the problem
are the EFCC Act [10]
Money Laundering Act[11]
and the Advanced fee fraud Act[12].
However, the inadequacies of these laws to tackle the hydra headed problem of
cyber crime is very glaring as will be shown later in this work. The above
problems call for urgent response if Nigeria is to get close to the much talked
about vision 20:2020 and other developmental plans.
Cyber crimes is just one of the by
product of the Nigerian factors instead of embracing the beauty of internet
with the positive and rewarding potentials it presents, we have rather decided
to abuse it[13]
This work is therefore an attempt to
appraise the economic and legal implications of cyber crime in Nigeria. This
research is intended to analyze the existing legal regime for the prevention of
cyber crimes in Nigeria to see the adequacies or otherwise.
Research Questions
The questions which the study seeks
to answer are:
i. What is cyber crime?
ii. What are the types of cyber crime?
iv. What
are the economic and social effects of cyber crimes? How effective is the
existing legal regime for the prevention of cyber crime in Nigeria?
v. How
effective is the existing legal regime for the prevention of cyber crime in
Nigeria? And
vi. What
can the government as well as the public do to curb cyber crimes in Nigeria.
Objectives of the Study
The objective of this study is to among
other things
i. Discuss the nature and types of cyber
crimes
ii. Explain the causes of cyber crimes in
Nigeria
iii. To
assess the inadequacies of cyber crime preventive mechanisms in Nigeria.
iv. To
highlight the economic impacts of cyber crimes in Nigeria; and
v. To suggest how cyber crimes can be
tackled in Nigeria
Scope of the Study
There is no doubt that cyber crime is a universal
problem and any study in this area has to go round the globe. That
notwithstanding, this study will try as much as possible to focus on the
problems of cyber crime as it relates to Nigeria. The influence of internet is
felt in almost all parts of the Nation and anything that affects such will also
have a far reaching impact. The restriction of the study to Nigerian situation
is to enable the research address the peculiar problem of Nigerian cyber space.
Significance of the Study
This study will be of benefit to
every user of internet. The study is intended to analyze the relevant legal
framework to point out its shortcomings in tackling cyber crimes in Nigeria.
The government and policy makers will find this work very handy in their
attempt to find solution to this problem.
Similarly, this work will also
assist cyber crime fighters and law enforcement agencies in their bid to curb
e-crimes in Nigeria.
The work will also help law
researchers and even those in related discipline in their further research in
this area. The students, law teachers and the general public will also benefit
from this work
Methodology
This research will combine both
primary and secondary sources of materials. The relevant statutes and case laws
will be consulted to assist in this research work.
The nature of the work also demands
that much reliance will be placed on internet materials, textbooks, journals
and articles written in the area will also be useful in this research.
Limitations of the Study
We had pointed out earlier that
there is currently no cyber law in Nigerian. This lacuna goes to show that
cyber crime is a relatively recent development, in Nigeria. It came as a result
of the technological development which was brought about by ICT. This also
accounts for lack of material in this area. Infact, the writer has to rely
mainly on foreign works and the internet for assistance.
Lack of time and resources is
another impediment to this study. Getting these materials is not often easy and
the time and resources to travel further in search of material are not there.
[1]
M.Vatis,1998 “Congressional statement of the director National Infrastructure
Protection centre senate judiciary subcommittee papers”. Washington D.C.
source WWW.fbi.gov/pressrm/congress
98 / vatis 0610 html. visited may 19,2011
[2] GSM for
instance was introduction in Nigeria
in 2001. Www.ncc.org.ng. visited June 22, 2011
[3] The same
can also be said of the GSM service providers who exploit the citizens with
improbity
[4] This
includes electronic voting
[5] Internet
world stats (2008) IWS: African internet usage: internet world stats retrieved
from http://www.Internet.World stats com/ Africa htm. Visited on the 15th of june 2011
[6] Ibid
[7] Even as
I write this work, one fraudulent text message just entered my mobile phone
asking me to call a particular member that I had won N1000,000 in a lottery
which I never participated
[8] Cyber
crime Bill. Other related bills which are aimed at checking cyber crimes
include: computer security and -------- Information infrastructure protection
Bill (2005), the cyber security and data protection Agency (Establishment, etc)
Bill 2008, the Electronic Fraud prohibition Bill 2008, the Nigeria computer security and
Protection agency Bill 2009, the computer Misuse Bill 2009 and the EFCC Act
(amendment) Bill 2010
[9]
This include: corruption, ethnicity
nepotism, electoral violence, religious conflict, youth restiveness and
unemployment to mention but a few.
[10] Cap EI
LFN 2004
[11] Cap M
18 LFN 2004
[12] Cap A
14 LFN 2004
[13] This is
not to say that internet or cyber crime is peculiar to Nigeria, Nigeria however has contributed to
the illicit trade more than her counter parts in other places. A time was when Nigeria
was synonymous with “419”
and internet scam.www.savenigeriagroup.org visited 22 june,2011.
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