ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATING CYBERCRIMES IN NIGERIA

Abstract

This paper examines the challenges and prospects of the prosecution of cybercrimes in Nigeria from a procedural perspective. It interrogates the extent to which existing procedural laws facilitate or frustrate the effective prosecution of cyber offences. The study argues that while Nigeria possesses a relatively comprehensive substantive legal framework through the Cybercrimes Act 2015, procedural inefficiencies, evidential weaknesses, and institutional fragmentation undermine effective enforcement. The analysis proceeds on the premise that improving procedural rules, rather than merely amending substantive provisions, is essential to achieving credible and efficient prosecutions. The study adopts a doctrinal approach, relying on statutory analysis, case law, judicial pronouncements, and secondary literature. It also draws comparative insights from the United Kingdom, the United States, and South Africa, jurisdictions that have developed sophisticated procedural responses to digital crime. The purpose is to highlight Nigeria’s procedural deficits and also identify models that could be adapted to the local context.