The hacker and Nigerian Cybercrime Prosecutor: tips for successful prosecution
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Felix E. Eboibi [1] ; Inetimi Mac-Barango [1]
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[1] Niger Delta University
Niger Delta University
Nigeria
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- Localización: Cybercrime: new threats, new responses: Actas del XVº Congreso Internacional Internet, Derecho y Política. Universitat Oberta de Catalunya, Barcelona, 1-2 de julio de 2020, 2020, ISBN 978-84-17580-15-5, págs. 85-103
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
Due to the global development of computer infrastructure, the rate of cyber criminality against cybercitizens is increasing daily. Lately, cybercrime activities by Nigerians have become a topic of discourse in the news, literature, and academic domain. Hacking has become one of the prominent tools of cybercriminals in perpetrating their illegal activities in cyberspace. Although section 6 of the Nigerian Cybercrimes Act 2015 (the Act) proscribes computer hacking activities, there seems to be no or limited prosecution of the crime by cybercrime prosecutors. Hacking poses potential threats to the privacy of computers and damages to the victims. Arguably, the lack of understanding of the offence and the elements required to put perpetrators behind bars successfully is attributable to the avoidance by cybercrime prosecutors in prosecuting hackers. This is because of the novel nature of the offence to them. In this regard, this paper examines possible legal requirements and elements of the hacking offence under the Act. Based on the novelty of the provision, this paper resorts to what is applicable in other jurisdictions for a better appreciation and to enhance the successful prosecution of perpetrators.
