Cybercrime Regulation in Nigeria: a Comparative Analysis with International Best Practices

Abstract

Cybercrime is in the increase and becoming a growing concern in Nigeria. Rapid digitalization has exposed vulnerabilities to various cyber threats, including fraud, identity theft, and ransom ware attacks. In response to this trend, Nigerian Government has enacted the Cybercrimes (Prohibition, Prevention, etc.) Act in 2015, aimed at providing a legal framework to combat cybercrime. However, the effectiveness of this regulation remains a subject of scrutiny, with concerns about enforcement capacity, resource allocation, and alignment with international standards. This paper undertakes a comparative analysis of Nigeria’s cybercrime regulation against global best practices, drawing on legal frameworks from the European Union’s General Data Protection Regulation (GDPR), the Council of Europe’s Convention on Cybercrime (Budapest Convention), and the United States’ cyber security strategies.

While Nigeria’s legal framework criminalizes cyber offenses and provides guidelines for digital evidence, there are challenges in the areas of international cooperation, data privacy, and technical capacity for cyber investigation and prosecution. Unlike the Budapest Convention, which facilitates cross-border cooperation, Nigeria’s law lacks robust provisions for mutual legal assistance and data-sharing agreements with other nations. Furthermore, Nigeria’s enforcement mechanisms are hindered by limited resources and technical expertise, leading to low conviction rates. This study recommends reforms to align and synergize Nigeria’s cybercrime legislation with international standards, including provisions for improved collaboration, investigations, specialized training, and greater data protection measures. Such reforms are essential for Nigeria to mitigate cyber risks effectively and foster trust in its digital economy. This analysis emphasizes the need for harmonized, adaptive legal frameworks that balance cyber security imperatives with individual rights and align with evolving global cyber norms.