CYBERCRIME AND THE EXERCISE OF CRIMINAL JURISDICTION IN NIGERIA: A DOCTRINAL ANALYSIS

Abstract

The rapid expansion of information and communication technology has transformed patterns of criminal behaviour, giving rise to cybercrimes that operate beyond traditional territorial boundaries and pose significant challenges to conventional criminal jurisdiction. In Nigeria, the growing incidence of cyber-enabled offences has compelled the legal system to adapt existing jurisdictional principles to the realities of cyberspace. This article undertakes a doctrinal analysis of the exercise of criminal jurisdiction over cybercrimes under Nigerian domestic law. It examines the conceptual foundations of cybercrime, cyberspace, and cyber-jurisdiction, as well as the constitutional and statutory frameworks regulating cybercrime prosecution in Nigeria. Particular attention is paid to the exclusive and unified jurisdiction of the Federal High Court as established by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and reinforced by the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 and allied legislation. The article further analyses the extraterritorial reach of Nigerian cybercrime laws, the role of extradition, and the significance of international cooperation in combating transnational cyber offences. It argues that while Nigeria has developed a relatively comprehensive legal framework for addressing jurisdictional challenges associated with cybercrime, practical constraints relating to enforcement capacity, institutional coordination, and cross-border cooperation remain. The article concludes that sustained legal reform, capacity building, and enhanced international collaboration are essential to ensuring the effective administration of criminal justice in the digital age.