With the advent of computer age, legislatures have been struggling to redefine the law to fit crimes perpetuated by computer criminals. The rise of technology and online communication has not only produced a dramatic increase in the incidence of criminal activity, it has also resulted in the emergence of what appears to be some new varieties of criminal activity. Both the increase in the incidence of criminal activity and the possible emergence of new varieties of criminal activity pose challenges for legal systems, as well as for law enforcement. Successful response to these challenges requires new paradigms. In the light of the fact that a lot of problems have been generated as a result of the “lacuna” in our criminal laws, several issues has brought to the fore the imperativeness for a research of this nature for constructive legal reforms of the Nigerian criminal law and acritical examination of the strengths and weaknesses of the most recent legislation on cybercrime enacted only on 15th of May 2015 to tackle the menace of cyber insecurity in Nigeria as is done in other jurisdictions. The research methodology adopted is doctrinal which is a library-based methodology that is, an extensive analysis and review of existing literatures on the subject. The key findings among others, from this study are: Law enforcement authorities, prosecutors, and judiciary in developing countries, require long-term, sustainable, comprehensive technical support and assistance for the investigation and combating of cybercrime, Cybercrime prevention activities in all countries require strengthening, through a holistic approach involving further awareness-raising, public-private partnerships and the integration of cybercrime strategies with a broader cybersecurity perspective and as long as there is an absence of a centralized electronic databank containing specific information on each individual resident and visitor to Nigeria, exposure of criminal intentions before they are executed and the effective investigation of crimes committed would continue to pose a heavy challenge to law enforcement agencies. This work recommended “seven critical” or top priority needs, some of which are: Public awareness, uniform training and certification courses, steady electric power supply, that the court should play down on the proof of specific intent, because the requirement to proof these specific intents significantly narrows the scope of each offence and also makes proving each offence more difficult, exceptions for law enforcement, military or intelligence activities must be addressed in order to avoid these categories from falling victim of the penal provision of section 14(1) of the cybercrime Act, 2015. This thesis argues that law enforcement officials cannot effectively pursue cybercriminals unless they have the legal tools necessary to do so.

CHAPTER ONE: INTRODUCTION

1.1       Background to the Study
Although only a few would deny that the internet has had a major impact upon criminal behavior, there is much less consensus as to what that impact has been. Even when Nations agree that cybercrimes are a problem there appears to be no overall consensus about how to deal with them collectively1. All too often claims about the prevalence of Cybercrimes lack clarification as to what it is that is particularly “cyber” about them.
Indeed, when so called cases of cybercrime are closely examined they often have the familiar ring of the “traditional” rather than the “cyber” about them. These offences typically comprises: hacking2, fraud, pornography, pedophilia and the likes. Some of these are already part of existing criminal justice regimes in Nigeria. Perhaps more confusing is the contrast between the many hundreds or thousands of incidents that are supposedly reported each year and the relatively small number of known prosecutions. “Is this a case of the absence of evidence not being evidence”, as per secretary of state, Donald Rumsfeld”3. “Or should we be asking if there are actually such things as cybercrimes?”4 Other authors5 have questioned whether cybercrimes are actually categories of crime in need of new theory, or whether they are understood better by existing theories.
The reason why it is called cyber crime is still not understood. What is clear is that the word cyber crime was first coined by an American writer of Science fiction, William Gibson in (1982) and then popularized on his 1984 novel „Necromancer?: the term cyberspace became a popular descriptor of the mentally constructed virtual enviroment within which networked computer activity takes place “cybercrime” broadly describes the crimes that take place within the space and the term has come to symbolize insecurity and risk online.
By itself, cybercrimes is fairly meaningless because it tends to be used metaphorically and emotively rather than scientifically or legally. Usually to signify the occurrence of harmful behavior that is somehow related to the misuse of a networked computer system6.
Largely an invention of the media, „cybercrime? originally had no specific reference point in law in the United Kingdom or United States of America7
The offence that did become associated with the term was a rather narrow legal construction based upon concerns about hacking. In fact, many of the so called cybercrimes that have caused concern over the past decade are not necessarily crimes in criminal law.
If we could turn the clock back in time then perhaps theterm „cyberspace crime? would have been a more precise and accurate descriptor. However, regardless of its merit and demerits, the term „cybercrime? has entered the public parlance and we are stuck with it.8
Currently, the internet is so news worthy that a single dramatic incident of cybercrime has the power to shape public opinion and fuel public anxiety, frequently resulting in (political) demands for instant? and simple solutions to extremely complex situations.
“Indeed, media accounts of cybercrimes still frequently invoke a dramatic imagery of a vulnerable society being brought to its knees by forces beyond its control such as an „Electronic Pearl Harbor”9? or a „Cyber Tsuname10.
The now defunct Omni magazine, which was published between 1978 and 1998, was one of a range of contemporary publications that combined articles on science fact with short works of science fiction to form popular technology-related narratives. It was, coincidentally, in the pages of Omni magazine, that William Gibson first coined the word „Cyberspace? in 1982.
As more aspects of people?s life move to digital networks, crime comes with them. People?s lives increasingly depend on the internet and digital networks, but these create new vulnerabilities and new ways for criminal to exploit the digital environment. Not only can many existing crimes be replicated in online environments, but novel crimes that exploit specific features of digital networks have emerged as well, with new crimes, comes new forms of policing and new forms of surveillance and with these comes new dangers for civil liberties.
At the dawn of the computer age, Marshall McLuham11 predicted that new electronic media would bring the world closer together into a “global village”. The internet is the fulfillment of his prophecy. People scattered across the globe can now all congregate together in cyber space to share idea and information. Ironically, the global village leads us towards a future that revives part of the past-life in the small village of several centuries ago. With the prevalence of cell phone cameras, people can no longer engage in social infractions without risking being caught in the act. No longer can people hide in obscurity and escape accountability for their actions. People can readily document and record each other?s norm violations, and they can then post them online.
The world today is concerned at the magnitude of insecurity in the cyberspace and this fear is reflected in the several global, regional and national efforts at policy guidelines and control to stamp out the wave of cyber criminality.
At the global level, the International Communication Union (ITU) launched in May 2007, the Global Cybercrime Agenda (GCA) for a framework where the international response to growing challenges to cyber security could be coordinated. In order to assist the ITU in developing strategic proposals, a global High-Level Experts Group (HLEG) was established in October 2007.
This global experts group of almost 100 persons delivered the Chairman?s Report in August 2008 with recommendations, including cyber crime legislations. The Global Strategic Report was delivered in November 2008, including strategies in five work areas12.
Detailing the content of the report is beyond the scope of this work, however, efforts is made in analyzing the strategies in the five work areas.
Work Area one, “Legal measures”, sought to develop advice on how criminal activities committed over ICTs could be dealt with through legislation in an internationally compatible manner.
Work Area two, “Technical and procedural measures”, focused on key measures for addressing vulnerabilities in software products, including accreditation schemes, protocols and standards.
Work Area three, “Organizational structures”, considered generic frameworks and response strategies for the prevention, detection, response to and crisis management of cyber attacks, including the protection of countries? critical information infrastructure systems.
Work Area four, “Capacity building”, sought to elaborate strategies for capacity-building mechanisms to raise awareness, transfer Know-how and boost cyber security on the national policy agenda. Finally,Work Area five, “International cooperation” sought to develop a strategy for international cooperation, dialogue and coordination in dealing with cyber threats13.
Just like the Council of Europe Convention on Cybercrime in 2001 which is a regional initiative, the African region also made significant efforts and that is briefly discussed infra.
In recognition of the challenges of cyber security, and in other to build an Information Society where key stakeholders can play a pivotal role, Economic Commission for Africa (ECA) upon the request of its MemberStates launched the Africa Information Society Initiative (AISI). This was the first framework of its kind to concretely prioritize the issue of Information Communication Technology (ICTs) within the socio-economicdevelopment agenda. This initiative was approved by the EconomicCommission for Africa (ECA) Conference of Finance Ministers in 1996 and adopted the same year by the Summit of Heads of State and Governments of the Organization of African Unity(OAU) and ultimately supported by the then G7+1 as Africa?s major Information Communication Technology (ICT) initiative in its 1997 Denver Summit. The Africa Information SocietyInitiative?s (AISI) recommendations fed into the World Summit on the Information Society (WSIS) Action Plans and are the cornerstone of the New Partnership for Africa?s Development (NEPAD) ICTs Short Term Action Plan.
Through the implementation of Africa Information Society Initiative (AISI), Economic Commission for Africa (ECA) has supported the formulation of national e-strategies commonly known as National Information and Communication Infrastructure (NICI) plans, in approximately 30 African countries, which promote the formulation and implementation of e strategies. Other Africa Information Initiative (AISI) activities include information and knowledge management activities and projects that include the Information Technology Centre for Africa (ITCA), which is an information and communication technology (ICT) focused exhibition and learning centre to demonstrate to African policy makers and planners the value of Information Communication Technology (ICT) for development.14
On the Nigerian scene, the activities of cyber criminals have become a worldwide ugly phenomenon. The government of the Federation in 2001commissioned a body of experts to design a National Policy on Information Technology. The policy was expected to deal with all emerging issues in the information andcommunication technology fields. It is however to be noted that the resultant policy does not offer much for the understanding,prevention and eradication of criminal activities in cyberspace.15
Significant as the IT policy is, it is noteworthy that the Nigerian state did not take any definite regulatory step on it until 2003, whereas the Information Communication Technology (ICT) media proposed in the Policy had become widely available since 2001. It was not until a murder incident at a Nigerian embassy in 2003, which was connected to an Internet crime16 that the Federal Government was moved to constitute a cyber crime working group, the Nigeria Cybercrime Working Group (NCWG), to examine all associated problems of cyber-criminality as related to Nigeria and make appropriate submissions to government on how to nip them in the bud. This body was formally launched on 31st March 2004 (by which time the menace of crime on the Internet had become firmly entrenched among a large segment of Nigerian ICT buffs), sequel to the recommendations of the Presidential Committee on Illegal On-line activities led by the National Security Adviser to Ex-President Olusegun Obasanjo (1999-2007).17
The Nigeria Cybercrime Working Group (NCWG) was a high powered Inter-Agency group. Its members were drawn from all the critical law enforcement, security, intelligence, and Information Communication Technology (ICT) agencies of the government. The group also had major organized private ICT sector stakeholders as members. Specifically, the Group had as co- chairpersons the Attorney-General of the Federation and Minister of Justice, and the Minister of Science and Technology. The Inspector General of Police, the Chairperson of the Economic and Financial Crimes Commission (EFCC), the Director-General of the State Security Services (SSS) and the Director-General of the National Intelligence Agency (NIA) were also members of the group. Other members were the Executive Vice-Chairman of National Information Technology Development Agency (NITDA), the President of the Nigerian Computer Society, the President of the Nigerian Internet Group, and the President of the Internet Service Providers Association of Nigeria. The effort of the working group resulted in a draft Cybercrime Bill that is before the National Assembly since 2004. This is the draft bill that the National Assembly has recently enacted as cybercrime (prohibition prevention ETC) Act, 2015.
The commissioning of the policy could be seen as a manifestation of the Nigerian government?s awareness of the pivotal role of information and communication technologies in the contemporary world. This awareness of government was well captured in the Policy thus: “Information Technology (IT) is the bedrock for national survival and development in a rapidly changing global environment.”18 Cognate to this governmental awareness, the IT policy focused on some areas that should be covered by appropriate laws. Of particular relevance here is the section of the IT policy on Information Technology Law. This section proposes to:
Criminalize the use of computers and related technologies for the commission of crimes or to facilitate criminal behavior, wrongful access, and deceitful usage; and criminalize the targeting of computers and the data contained within them through an unauthorized access, unlawful copying of information, damage or tampering with such information, and /or depriving the legitimate owner of data of the benefit of such data.19
Wide–ranging in its coverage of cybercrimes as this aim of government was, nothing was done towards enacting either an Information Technology Law or a Computer Crime Law until 2004 when the Nigeria Cybercrime Working Group (NCWG) was created. The NCWG, a unit of the National Information Technology Development Agency (NITDA), worked out a foundation for a cybercrime law for Nigeria.20 As proposed, the envisaged law would include a substantive law that would criminalize the following kinds of conduct: (i) Conducts against information and communication technology (ICT) system, (ii) Conducts using ICT systems as tools for committing crime, and (iii) Legally prohibited conducts that have essential ICT infrastructures as targets.21 It will also contain some procedural provisions that deal with investigation of crime, collection of evidence relating to cybercrime as well as procedures for searches, seizures and interception of digital communication.22 The third component of the proposed law is an array of options on infrastructure and institutional arrangement. The details of this component are: (i) promote and develop specialized units to deal specifically with ICT offences, as units of existing law enforcement formations, (ii) facilitate cooperation between industry and law enforcement agencies, (iii) create an advanced ICT centre to collect, collate, analyze, and circulate relevant technical information to and for other relevant Agencies, and (iv) if need be, create an entirely new cybercrime and cyber security agency at par with other specialized agencies like EFCC, ICPC, NDLEA, NAPTIP, NACA and NAFDAC.23
The NCWG had a correct perception and apprehension of the enormity of the problem of cybercriminal as reflected in the conclusion of its report thus:
Enforcing cybercrime in Nigeria is a necessary compliment to the great strides the Nigerian Government has made towards transforming Nigeria into an ICT-driven economy. To leave our systems and networks unprotected is to deliberately endanger the same infrastructures we worked so hard and invested so much to build.24
The recently enacted cybercrime Act25 succinctly captured all of the above proposals and provided for penalties for the offences. A general overview of this new Act is discussed in chapter three of this work.

1.2       Statement of Problem
The origin of Cybercrime can be traced back to the interception of Semaphore signals in the eighteenth century, or the wire tap in the nineteenth and early twentieth century26.
In both cases, valuable information was intercepted as it was being transmitted across hitherto unparalleled spans of time and space and then sold. However, the true genesis of cybercrimes originates in early computer crimes prior to their subsequent transformation by networking over two further generations.It is useful to explore these milestones because although the notion of “generation invokes the passage of time, each generation is distinctive and the conceptual differences between them can be used to explain contemporary differences currently present in the scope of criminal opportunity.
Until the mid-1980s the internet had been the preserve of the military who originally conceived it as an attack-proof communications system. It was subsequently released for government and academic purposes before being opened up for general usage. The internet?s massive potential for good and bad was realized following the development and commercial popularity of the graphics user interface (GUI) in the early 1990s.
The present generation cybercrimes are mostly „hybrid?. They are effectively „traditional? crimes for which entirely new globalized opportunities have arisen. For them, the internet has created a transnational environment with entirely new opportunities for harmful activities that are currently the subject of existing criminal or civil law. Examples of these activities  include trading in sexually explicit materials, including child pornography, through interactive hardcore websites, and fraud27. The increasing prevalence of deception through internet auctions for example is a vivid example of this level of opportunity28.
Networked environments also contributes to the circulation of criminal ideas. News groups and websites circulate information about „chipping?,29 how to by-pass the security devices in mobile telephones or digital television decoders30. They also provide information on how to take to manufacture and distribute synthetic drugs31. Take away the internet and the offensive behavior remains but the new opportunities for commiting of offence disappear and the behavior continues by other means, though not in such great numbers or across such a wide span. Consequently, hybrid cybercrimes are examples of the modernization of modernity32 perhaps the major problem lies in the fact that the problems that arise tend to relate to matters of trans- Jurisdictional procedure rather than substantive law. This creates difficulties for the enforcement of law where the responsibilities of each country are not so clearly defined.
During the past decade, the growth in the use of the internet and the cyberspace it has created has developed from science fiction into a socially constructed reality. Cyberspace possesses some unique qualities which creates a series of challenges for our existing laws. These qualities are: Its lack of respect for jurisdictional boundaries, the sheer volume of traffic that it can handle virtually instantaneously, its openness to participation, the potential for anonymity of members of the virtual community, its apparent economic efficiency. All these are summarized by the popular acronym “3A?s” in cyber circle which stands for Affordability, Accessibility and Anonymity?. When these qualities are combined with the rather ironic fact that the internet was originally designed by the United States of America military so as to resist thermonuclear attack33, then the internet has an innate ability to undermine attempts by nation states and commercial institutions to monopolize its political and commercial potentials. As a consequence, many of existing models of legal regulation have difficulties coping with the new medium of cyberspace. At one level, some old laws simply do not apply anymore and new laws need to be developed, for example, to deal with the use of pseudo-photographs in obscenity cases involving children.In such cases, prosecutors have traditionally based their arguments upon the fact that in order to create the obscene picture, a child had to be abused. This presupposes the intention of section 30 (2) (e) of the Child Rights Act 34 which provides that: “any person who procures, uses or offers any person for,- - - or the production of pornography, or for pornographic performances
- - - commits an offence and is liable on conviction to 14 years imprisonment without option of fine”.
However, the development of graphics software that enables the advanced manipulation of images now means that obscene photographs can be created with the same effect as before but without the abuse of a child. Hence the need for existing law to adapt. It is noteworthy however, that the United Kingdom has already promulgated an Act on Pseudo photograph35. The recent Nigeria cybercrime Act36 has also adequately provided for this.
At another level, the special qualities of cyberspace which are outlined above create such serious problems for the application of law to the point that focus of the debate shifts from legal regulation to governance. Quite simply, many traditional laws and legal mechanisms have become outmoded, being replaced by a variety of regulatory and normative strategies and techniques which transcend the public/private divide.
To this extent, Cyber-law refers to the legal regime, relating to issues that arise within the newly emerging area that is increasingly becoming known as cyberspace. More specifically,it relates to the interaction of law with information communications technologies and computer mediated communications system. It therefore has a different agenda to that of either computer law or law of the internet which respectively often show little difference from the law relating to contract or patents or publishing or broadcasting law. Although the application ofboth areas of law raises some fascinating issues. Whilst there is some overlap with the law of the internet and to a lesser extent with computer law, cyber law nevertheless has separate identity. The distinctions between the three relate not just to subject areas but, importantly to the qualitatively different levels with which each engage with the study of law. Cyber law exists at the (cutting) edge of law where the ability of the existing law to achieve its goals is challenged. In this sense the“law” in cyber law is a much broader concept; it is “law in action” as opposed to “law in books” as it applies to situations where law cannot cope. It therefore takes as its subject the wider range of regulatory responses and strategies of governance that subsequently arise.
Unfortunately, the legal regime on the offences of cyber crime and cyber insecurity, prior to the enactment of the Nigeria cybercrime Act on 15th of May 2015 “is not only moribund but anachronistic. The Criminal and Penal Codes that made provisions for offences in Nigeria pre- dated Nigeria?s independence by which time the modern technology was yet to be in place”37.
It is obvious that the criminal statutes such as the police Act, the criminal procedure Act and other statutes in this category as they where today, did not envisage crime as cyber crime and cyber insecurity. This deficiency has created a gap in the law to the extent that it did not empower the law enforcement agencies to prevent and control cyber crime and insecurity and especially determine cyber jurisdiction.
The negative impact of cyber crime on National economy, national security and sustainable development of the nation was vividly captured during a public hearing on the Computer Security and Critical Information Bill 2005 organized by the Senate Committee on Science and Technology, the then Senate president, Ken Nnamani said:
For Nigeria to be super power in Information and Communication Technology (ICT), Nigerians must shun all Internet crimes and malpractices capable of giving the country a bad name. He said Nigerians must not use the Information Communication Technology revolution to damage our cultural values and international credits?. He further added; „Advances in Information Communication Technology are blessing to mankind but they could become curse - - -. If we intended to be globally competitive, we must remake Nigeria as an attractive destination for international capital. This cannot be achieved if we are branded a nation of „scammers? and „anything goes38
It has been argued that organized crime39 weakens the very foundation of democracy, as there can be no good governance without rule of law .This observation is very applicable to the situation in Nigeria. As the nation faces the challenges of nurturing a stable democracy, after many years of military dictatorship, organized crime poses a great threat to the survival of the country. Therefore, the Nigerian government has mapped out policies and strategies to deal decisively with crimes that are transnational in nature and scope. The detail of this is discussed in chapter 3.4 of this work infra.
In the light of the fact that a lot of problems have been generated as a result of the “lacuna” in our criminal laws, several issues will agitate the basis of a research in cyber security and protection. Prominent but not limited to such issues for determinations are:
(1)        Is the issue of cybercrime overhyped?
(2)        What is the role of law enforcement agencies in combating this emerging crime?
(3)        What are the problems and challenges of law enforcement agencies in the prevention and control of cybercrime?
(4)        Nigeria now has a cybercrime “specific” Act, but the concern is what is the implementation strategy for the newly promulgated cybercrime Act 2015 and the National Policy on Cybercrime?
Above questions are the core research questions related to the problems which have brought to the fore the imperativeness for a research of this nature for constructive legal reforms of the Nigerian criminal law.
1.3       Aim and Objectives of the Research
This study aim at providing responses to the above mentioned research questions by:
a)         Critically examining the legal and institutional frameworks at global, regional and national level to ascertain the gravity of cybercrime in the society.
b)         Appraising critically, the role of law enforcement agencies in the prevention and control of cyber insecurity in Nigeria and selected jurisdictions of Britain and USA not because the law in Britain and USA is applicable in Nigeria, but because these two countries are more technologically advance country than Nigeria, and their experiences can serve as a point of lesson for Nigeria.
c)         Identifying the problems and challenges in the strategies for the prevention and control of cyber insecurity and develop viable options to address the identified problems and challenges relating to the prevention and control of cyber insecurity in Nigeria.
d)         Propounding recommendations on implementation strategy for the newly promulgated cybercrime Act, 2015 and to critically examine the strengths and weaknesses of the most recent legislation on cybercrime enacted only on 15th of May 2015 to tackle the menace of cyber insecurity in Nigeria as is done in other jurisdictions.

1.4       Justification of the Research
Today, the routing infrastructure of the Internet is based on relationships between network operators around the globe. As the Internet evolves and the number of network operators expands, a more standardized and automated model of routing security is needed. Research such as this is required to investigate this need and to produce standards to enable a more secure Internet routing infrastructure, including cyber security and protection.
Though Internet routing has worked well over the years, there have been instances of errors that caused routing stability issues. There is also opportunity for malicious activities that could damage the routing infrastructure in the future. To prevent future errors and malicious activity, it is only research such as this that can reveal the reasons why it is important to increase the security of the Internet?s routing infrastructure through the deployment of secure routing protocols.
In the light of the above, this research is justified for the following reasons:
1.         It will provide additional literature and research output that will contribute to knowledge and enhance greater understanding on the effective strategies for the prevention and control of cyber insecurity.
2.         It will assist in the adoption of an appropriate legal and regulatory framework through introduction of a whole legal system supportive and free from legal barrier for the development of a knowledge economy.
3.         It will help in the creation of an environment which offers basic assurances such as security, integrity, authenticity, confidentiality and data protection and privacy.
4.         It will provide a basis for review of the performance of the law enforcement agencies in Nigeria with a view to enhancing their human, technical, material and investigative capacity in cybercrime and factors responsible for cyber insecurity.

1.5       Research Methodology
The research methodology adopted isdoctrinal which is a library-based methodology that is, an extensive analysis and review of existing literatures on the subject.
Accordingly, all library based materials such as books, journals, law reports, internet references and material consulted are duly acknowledged.

1.6       Scope and Limitation of Research
Although the challenges of cyber security and protection are a global phenomenon, there are some countries that are more vulnerable to cyber crime due to the fact that every facet of their daily social life and economic endeavor is woven around Internet services.
Territorially therefore, this research will focus on Nigeria. However, experiences of other countries such as United States of America and Britain will be discussed where such will help for a further clarification and good practice.
The research coversefforts made at global, regional and national levels to proffer solutions to the worrisome and growing factors responsible for cyber insecurity activities of cybercriminals in the world today as well as the impact on global, regional and national economies, peace and security.
In relation to the world position on the drive towards a lasting solution to the problems and challenges facing law enforcement agencies in cyber security and protection, this study will be territorially, limited in scope to the above mentioned countries and the developments on the subject from 1970 to date.

1.7       Literature Review
Daniel, J.S?s.40 contribution is overabundant with example of online gossip, rumor, and shaming. It is an engrossing book that explores the profound implications of personal information on the Internet. The author argues that unless we establish a balance between privacy and free speech, we may discover that the freedom of the Internet makes us less free.
He reveals that as the Internet is erasing the distinction between spoken and gossip, the future of personal reputation is one of our most vexing social challenges.This Illuminating contribution, filled with memorable cautionary tales is of invaluable help to this research. The gap not covered as to incisively analyze the technological and legal challenges and offer a moderate, sensible solutions for navigating the shoals of the blogosphere, are what this research intends to fill.
On his part, Samuel,C.M41 provides the insights into what victims of cybercrime experience and must endure after they, their computer systems, or their organization are attacked. He further explains the importance of research for understanding and managing cybercrime related issues and attendant problems. He emphasize that in the real world, policy making and development of sound investigation and security practices cannot wait for additional research into the nature and extent of cybercrime.The author is of the opinion that professionals must do what they can with existing knowledge to develop needed information assurance technologies, protect information systems from attacks, investigate and prosecute cybercrimes and ameliorate harm caused by computer abuse and illegal use of computers, other Information Technology (IT) devices and information systems. His contribution is inspirational to this research to the extent that it provides an overview of cybercrime and its legal, social, and technical issues. His view is very helpful for the fact that he focuses on the challenges having to do with emergence, prevention, and control of high-tech crime. However he did not reveal, to a large extent the prospect to take a multidisciplinary perspective by trying together various disciplines information technology, the social and anthropology of cyberspace, computer security, deviance, law, criminal justice, risk management and strategic thinking. This work will strive to cover these areas.
David S.W?s.42 approach to this issue gives a refreshing look at new forms of crime. He“decent” desperate nineteenth century street crime that sends minorities to prison, cybercrime is virtually new, a risky frontier for the middle classes. He shows how these new forms find the Police ill suited and untrained for their investigation, he ex-rays cybercrime as a rapidly  changing Landscape and he provides an impressive overview of the varieties of contemporary cybercrime, and the many institutions in the public, private, and voluntary sectors that work toward its prevention and control. His line of thought will provide for this research a stimulating, thoughtful and an ideal review of the way that electronic communications have changed (and yet in many ways have not changed) the world of crime and its control. His ideas will assist this research to a fresh thinking and critical perspective on how the Internet has transformed criminal behavior.The main drawback is that he did not touch on what is different about cybercrime with traditional criminal activity, what new criminal opportunities have arisen and in the final analysis, what impact cybercrime might have on public security. This work will fill in the gaps. Sue,T.43 writes on an overview of criminal law in a slim, accessible and affordable format. His efforts will provide for this research an ideal resource to supplement other available research material without overwhelming the study, but his conclusion did not reflect the burgeoning threat posed by cyber crime and information terrorism. This research will address this vacuum.
Daniel,E.G.44 examine in a collection of article on cybercrime and it exposes how Internet has dramatically altered the landscape of crime and national security, creating new threats, such as identity theft, computer viruses, and cyber attacks. He reveals that because cybercrimes are often not limited to single site or nation, crime scenes themselves have changed; consequently, law enforcement must confront these new dangers and embrace novel method of preventions, as well as produce new tools for digital surveillance which can jeopardize privacy and civil liberties. His analysis will provide for this research, a wealth of new insight about the legal and policy implication of Internet. On the whole, he presents a state of the art vision for how to detect and prevent digital crime, creating the blueprint for how to police the dangerous back alleys of the global Internet.Daniel?s contributions did not explorethe description of crime prevention and security protection in the electronic age. Ranging from new government requirements that facilitate spying to new methods of digital proof. This is going to be the efforts of this research in addition to essentially broaden the horizon of understanding how criminal law and crimes itself have been transformed in our net worked world.
Ladan, M.T, in his book,45 although not wholly dedicated to cybercrime, the section devoted to Law, Information and Communications Technology in Nigeria is very explicit on evidentiary problems. It echoed with the aid of cases the reluctance of our courts to admit electronic documents as evidence and the fact that courts had in most situations regarded such document as secondary evidence. This has reaffirmed the knowledge of this research in this  area. However, the recent amendment as it relate to electronics evidence in the Evidence Act, 2011which is not covered by the author, will be fully discussed in this work.In his most recent book on cybercrime, Ladan, M.T,46 carefully but in details analyzed the legal and policy responses to ICT and Cybercrime in Nigeria and Ecowas. His efforts clearly explained the International and Regional Initiatives on Cybercrime, Cybersecurity and ICT. This book can be described as a compendium of cyber laws and policies at international, regional and national levels. The authors approach to the issue of definitional problem of cybercrime is of immense benefit to this research to the extent that he revealed that instead of bi-labouring on the definition of cybercrime a topology-related approach could be adopted to achieve the same goal. The author however, did not touch on the problems andchallenges of law enforcement agencies in securing and protecting cyberspace against cybercrime. This work will make efforts to vividly discuss this aspect.
Chukkol, K.S,47 on his part had domesticated the whole issue of cybercrime and critically examined the application of the hitherto existing criminal statutes in Nigeria, to manage cyber insecurity. He revealed how very inadequate the Nigeria criminal law is, in tackling some aspects of cybercrime. He concluded: “The above three important new forms of computer offences, do require special legislation to handle them. Nigerian Penal Statutes i.e. traditional ones have not made provisions for them. There is the need for new laws to address them in specific terms as is done in other jurisdictions”.48This text provided insights to this research that no matter how hard prosecution tries, the old Statutes may constitute an arm string in a case of cybercrime.This fear is however, now allayed by the enactment of the Cybercrime (Prohibition Prevention ETC) Act, 2015. This is perhaps, an answer to the prayers of the author and this work shall give an overview of this Act in chapter three ahead.
Chubey, R. K,49 expressed concern in his book that enormous amount of money is being earned by the cybercriminals, either by causing huge damage to the computer systems or by stealing information which is marketable or by way of some foul play through the network. He asks the question of what constitutes a computer crime and how it can be distinguished from routine crime. He, by himself, provided the answer that the query has no legal answer because neither the IT Act 2000 nor the Indian Penal Code gives any precise or concise definition for same. His analysis is more of an overview of Indian laws as it relate to control and punishment of cyber criminality. This is of significance to this research to the extent that it reveals that the challenges are of similarity all over different countries. The fact not mentioned in his book is that the threat of cybercrime is not from the intelligence of the criminals but from the ignorance of the society and the will to fight it. This research will deal with this gap.
Rodney D. Ryder?s50 book is a compendium containing evolution of law in Cyberspace. His direction is a perspective on Internet related legal issues. This book is of immense benefit to this research for creating easy access to cyberspace law, expanding the understanding of concepts and legal determination and provided an insight into the India?s rules and regulations with the United Nations Commission on International Trade Law (UNCITRAL) model law and related foreign legislation including intellectual property. This research will strive to explore the latest development in this area after the publication of this book.
The origins of the internet and its associated information technologies are well documented from its Military origins through to educational, commercial and later social use by Castells,M,51from this literature comes the clear message that the Internet has radically changed aspects of people?s lives, but to determine the extent is difficult. It is arguable that it has only had a marginal effect, while on the other hand, mostly the post-modernist, believe that the information society has contributed to the rupturing of traditional links across time and space and has caused the demise of modernity. Yet, authors such as Castell, M.52 and Giddens, A.53 have steadfastly maintained that the shift towards post, late or high modernity (depending upon author) was already occurring well before the popularization of the Internet in the early 1990s.
Ashaolu, David, stated in his papers54 that Nigeria?s notoriety in cybercrimes worldwide is an open secret. He argued that there is hardly any crime which is not perpetrated by Nigerians more for gain than for play. He further argued that Nigeria, being Africa?s most populated  nation and power house, the behavior of Nigerians come under the spot light as role models and as a model of African behavior. He opined that Nigeria should therefore be at the fore of cyberspace policing in Africa. He contended that it will be pretentious to assume that with the few cybercrime prosecutions and convictions achieved by the EFCC to date, Nigeria is achieving much in the fight against cybercrimes. When compared with what obtains in other countries around the world, Nigeria is nowhere near where she should be.His explanations on the reason that the rate of convictions recorded is inversely proportional to the number of trials executed as the backward state of Nigeria?s criminal justice system, while he listed the two legislations which are responsible for that aspect of Nigeria law as the criminal procedure Act55and the Evidence Act56 is very revealing and helpful to this research. However, his analysis did not cover the cybercrime Act, 2015 and that area will be adequately looked into by this work.
In a United Nations General Assembly Press Release.57 The nuclear disarmament committee assessing new technologies and their impact on disarmament considered as examples, information warfare, satellite technology and laser technology. To achieve a multi-dimensional strategy in addressing one weapon system, the committee is addressing questions on the potential new weapons and future forms of warfare. This Disarmament Committee opens general debate on 12 Oct, 1998 with focus on Nuclear Non- Proliferation and Small Arms. This press release provided insights to this research work to the extent that computer is not only manipulated for fraudulent making of money, but to the fact that it could also be used as a means of warfare. However, this press release did not suggest an effective law enforcement approach to tackling  the problem of cyber criminality. This research will direct its efforts towards this direction.
WithRichard Aldrich,58 he expresses his fear over multinational corporations in the United States of America (some with annual earnings that dwarf the gross domestic product of the entire nations). In his opinion, non-governmental organization and other large groups may be able to exert significant political clout even if they are unwilling or unable to exert military might. He further explain that some or all of these organizations could additionally perpetrate harm tantamount to that of a war by using only computer and phone lines, and in ways which do not cleanly fall within current proscriptions against the unlawful use of force. The author?s fear is inspirational to this research work for the fact that it highlighted the need for a legislation which is specifically based on computer-related crime. This is to avoid a situation where a person or group of persons could conduct operations which would intrinsically seem criminal yet not violate the criminal laws of the states in which they perpetrated the conduct, and may be unreachable under existing international law. Beyond the conclusion of his study, this research will go further from his position to show that collaborative efforts of countries otherwise called Mutual Legal Assistance Treaty (MLATs) can help in this regard.
Steven Rinaldi?s59 paper addresses the context surrounding the question of how the United States military responds to the cyber threat facing the America military and society today. Rinaldi examines the issues of partnering and sharing sensitive information across private and governmental sectors as a central requirement of a national risk reduction and management effort in the face of the threat of cyber attack.This paper will provide for this research, fresh thinking and critical perspective on a security threat arena that increasingly captivates the headlines. This research will however discuss the trans-border or jurisdictional challenges which the paper did not mention.
Roger Molander, Peter Wilson, David Mussington and Richard Mesic60, did a draft random study prepared for the office of the Secretary of Defense of United States of America. This report revealed to a great extent that the increasing openness of cyber crime is largely attributable to the growth of interconnectedness afforded by the ever-expanding Internet. Of course, the United States of America is not the only country to be so threatened. All countries that make use of computer technology and especially those connected to the Internet are vulnerable, though the level to which the United States of America has incorporated new technologies and highly networked nature of its infrastructure makes her the most vulnerable.
Although this report is a study based on the disruptions attributed to the “Chernobyl” computer virus, it is of invaluable help to this research, to the extent of its findings that better publicity about virus and the widespread use of anti-viral software, can help to reduce the vulnerability to strategic information warfare. This research will address the efforts at the global, regional and national levels at effective control of this cyber crime which the study did not discuss.
Urs, Gasser. et-al,61presented a paper and decisively dealt with the issue of young persons in today?s digital age. The paper seeks to map and explore what is known about the ways in which young users of age 18 and under search for information online, how they evaluate information, and how their related practices of content creation, levels of new literacy, general digital media usage and social patterns affects these activities. The paper reveals patterns in youth?s information seeking behavior, but also highlights the importance of contextual and demographic factors both for research and evaluation. This paper is of great assistance to this research to the extent of its revelation of the behaviors of youths as another group of users of Internet that needs to be paid attention in the development of law or control measures of cyber space misuse. This research shall however show that thus far, educational initiatives to educate youth about search, evaluation, or creation have depended greatly on the local circumstances for their success or failure. This is one area not touched by the authors.
In the report of the National Cyber Security Research Agenda of Netherlands, the editors, Herbert Bos, Sandro Etalle and Erik Poll62 exhibited brilliance in the research work on critical aspects of cyber security and protection. This document is the result of a series of discussions about the best shape, form and content of a national research agenda in line with the National Cyber Security Strategy (NCSS). It formulates, in concrete terms, common thoughts and promising directions for a research agenda in cyber security. While all contributors firmly believe that a realization of the agenda requires ambitious funding, as well as solid governance and embedding, this document addresses only the research directions. This document proposes an ambitious National Cyber Security Research Agenda (NCSR) to boost ICT security expertise in the Netherlands through research at universities and knowledge centers, government agencies and companies active in ICT security, and to foster partnerships between these domains. The NCSR Agenda positions itself alongside the NCSS and complementary activities focused on more short-term and operational goals, such as the establishment of legal and law-enforcement frameworks to deal with cyber crime, response teams to handle cyber security incidents, threat analyses and protection of existing ICT infrastructure, awareness campaigns, and the likes.
This fits well with the term of reference (TOR) of the Nigeria Cyber Working Group (NCWG) which was formally launched on 31st March 2004 by ex-president Olusegun Obasanjo. Moreover, it is in line with the recommendations of the European Union (EU) advisory board on Research & Innovation on Security, Privacy, and Trustworthiness in the Information Society (RISEPTIS, 2008). By this report, this research is enriched with the fact that there is a potential for tremendous benefits by bringing together the different sectors and stake-holders like, government, industry, knowledge centers, interest groups and universities. It also reveal that a stimulating research will also have a big impact on higher education and help in training the next generations of security experts, including PhD students trained as part of research projects, and many more Bachelor and Master students that come into contact with the field. More fundamentally, the report has expanded the horizon of this research to understand that highly visible research projects and groups help to attract students to the area. However a very important issue that the report did not mention is the fact that, Cyber security issues are no longer limited to traditional computer systems, such as personal computers (PCs) and laptops. Rather, they surface everywhere, from electricity and water supply systems to the health service, from public transport to smart cars, from implants to supply chains, and from banking and logistics to the emergency services. Addressing cyber security involves many domains of expertise, or disciplines. One do not just need technical expertise to detect and stop attacks or better still, prevent them. There is also the need for laws and regulations that better fit computer crime, and there is the need to better understand the forms and causes of cyber crime, the effectiveness of measures, including law enforcement, the underground economy, and see where economic drivers for implementing security measures are lacking and regulation may be needed. This research will substantially address this omission.
Wu, K.C?s63 seminar paper reveals a clear picture on the nature of cyber crimes and how to investigate such crimes by new technology and procedure. In his opinion, since new cyber crimes arise by the leap development of telecommunication and information technologies, investigators must face such challenges with a totally different thought and technical skills. He also provide case study on the methodology to break such cyber crimes in real environment by investigators. He emphasized that the most distinct nature of cyber crime from traditional one is that it is borderless, anonymous and by the help of pervasive network technology, cyber crime is ramping over areas, regions, and countries. He opined that, for investigators, it is really hard to get the true picture of the whole crime process because of dispersed elements in different places. He presented the true profile of cyber crime in terms of process, technology behind, behavior model and mind set. He further stated the fact that Cyber Fraud is the most common and significant type of crime, and cover versatile of facets, such as fraud in cyber auction, VoIP phishing, identity stealing and many more. In this lesson note, He presented different type of real cyber crime cases, and how it happened, including criminal profiling. This paper will influence the thinking of this research to the extent of its revelations on the basic of cyber crime, and effective ways to investigate it, and, most important, it has shown a firsthand lesson from real cases that have happened as fine example. The most important point of this seminar paper to this research is that, it has provided a better understanding of these cyber frauds and their weakness. Now, the research may easily distinguish the crime model when dealing with cyber fraud and offer suggestions on how to investigate it and keep all valid legal evidence. With seminar paper, the scope of this research is now broaden to understand that even after investigating cyber crimes, with all evidence collected and are ready to be submitted to court. It is still necessary to be sure that all evidence at hand is valid and legal for the endured lawsuit process. It is in the clear view of this research now that without a legal procedure on cyber crime investigation, a law enforcement agent?s hardworking effort will be fruitless. From this paper, this research is sufficiently schooled to understand the formal investigation procedure on cyber crime, difference from the legacy one, and legal requirement of evidence in the court. Revealing as Wu, K.C?s presentation is, where he covered cyber crime in many different aspects, most of his emphasis is cyber crimes from external threats. As for cyber crime from internal threat, this research will present it in depth. Traditionally this kind of cyber crime is usually neglected by the public. This work will highlight it with many case studies and show how to deal with it. It will also give a detail understanding on its nature, how to prevent it and how to lawsuit it in the court in the viewpoint of lawful enforcement agency.
In Ezeoha Abel?s paper on the regulation of internet banking in Nigeria64 he argues that for internet banking to assume a developmental dimension in Nigeria and for the country to be fully integrated in the global financial environment, the prevalent level of frauds in Nigeria and among Nigerians must first be addressed. It suggests that the way to do this are first to get the relevant local laws in place and in consonance with international laws and conventions, get the citizens well educated on the intricacies of internet usage and frauds, as well as the regulatory implications of wrong/fraudulent uses of the Internet, ensure that all the major background problems such as poverty, corruption and bad governance are addressed and ensure adequate interface and collaboration between Nigeria local law enforcement agents and the various international agencies that are presently pursing the course for safe internet community. His paper is contributory to the knowledge of this work to the extent of his revelation that generally, regulating Internet banking encompasses three major issues, i.e. how bank customers are to be protected, how banks are to be protected and how the country would be protected against the negative publicity associated with the spread of Internet frauds. It is noted that the author?s discussion is limited to Internet operations in banking industries alone. The scope of this work covers more extensive area beyond the limit of this paper.
Rosemary Obada and Moses-Oke65 clearly expressed their view in their joint paper that prior to the year 2001, the phenomenon of Internet criminal fraud was not globally associated with Nigeria. Since then, however, the country had acquired a world-wide notoriety in criminal activities, especially financial scams, facilitated through the use of the Internet. In their opinion, it is not to say that computer-related crimes were alien to the country. It is, however, remarkable that the perpetration of cyber crimes involving Nigerians and traceable to Nigeria became so rampant that questions might be legitimately raised as to why the problem became so pronounced from around that year.” It is further remarkable that the attempt to launch Nigeria into the digital age coincided with the unprecedented rise in computer-related financial crimes in the country.”66 In this paper, it is argued that the problem arose as a direct consequence of the lapses in the 2001 National Policy for Information Technology (NPFIT). The argument is based on an analysis of the various provisions of the Policy, with specific focus on the lack of pro- active security provisions in it and in its subsequent implementation, in the wider context of global experiences of, and efforts to deal with, cyber security breaches as at the time of the formulation and implementation of the NPFIT. The paper is of the view that in a knowledge- powered world, every individual or collective activity, including policy designs and implementations, should be guided by all the available relevant information. As such, the paper seeks to see how much Nigeria?s entry into the world of the Internet, via the National Policy for Information Technology 67, has been guided by the available relevant information as at 2001, and how this has impacted on the country?s presence in cyber space since then, with a view to providing some insight into the ultimate cause of cyber crime in Nigeria, and consequently, how best to address the situation. The critical analysis of this policy by these authors is an eye opener for this work to the extent that it reveals the policy?s weakness in dealing with the menace of cyber criminality. The author?s argument is centered on the Nigeria?s NPFIT, 2001 only, while this research will discuss many more cybercrime laws and policies of different jurisdictions but will be guided by the scope of this work.
In the submission of some scholars,68 they contended in their joint paper that:
They quite disagree with the research carried out by [G. O, Odulaja and F.Wada, Assessing Cyber crime and its Impact on E-Banking In Nigeria Using Social Theories (2012) ] who taught that Nigeria has no legislation against these crimes, this was actually what gave birth to this research work. But further reading testifies that it is not actually true. In reference to the paper quoted earlier by Ribadu where he mentioned as the chairman of Economic and Financial Crime Commission (EFCC) that cyber crime and its vices are under the jurisdiction of EFCC. Also supported by [O.B.Longe, S.C. Chiemeke, S. Fashola, F.Longe, and A. Omilabu, “Internet ServiceProviders and Cyber crime in Nigeria Balancing Services and ICT Development (2007) that Economic and Financial Crimes Commission (EFCC) is the body empowered by government to fight all forms of financial crimes including cyber crimes in Nigeria. They are working together with the cyber crime prevention working group. Therefore, the above expression by Wada Odulaja would better be restructured as to believe that it is not the state of absolute lawless but perhaps rarely mentioned and practiced by EFCC [Criminal Code Act Chapter 77, Laws of the Federation of Nigeria. (1990) ] which is charged with the responsibility of investigating and prosecuting of all economic and financial crimes.
This paper has shown to this research that cybercrime as a subject is truly controversial and that even up till now there is a misunderstanding among writers/scholars on this issue. This work has strived to bridge the gap in understanding by making a conceptual clarification of the term „cybercrime?.
In analyzing the above literature, efforts has been made to state, immediately after each review, the importance of the material to this research, the shortfall identified in the material and how this study seeks to fill in such gaps.

1.8       Organizational Layout
This thesis is organized into six chapters. Chapter one is the general introduction of the research which covers the following aspects: Background of the study, Statement of Problem, Objective of the Research, Justification for the research, the Research Methodology, Scope and Limitation of Research, Literature Review and Organizational Layout.
Chapter two covers conceptual clarification of key terms such as: Nature of Cyber Space, Concept of Cyber Crime and Nature and Scope of Cyber Security and Insecurity. Also discussed here is Meaning of Cyber Jurisdiction, Nature and Scope of Internet and Concept of Protection while Nature and Scope of Cyber Law, finally close this chapter. In chapter three, the Role of Law in Combating Cyber Crime is highlighted along with the Development of Legal and Institutional Regimes at Global Level. The Development of Legal and Institutional Mechanisms at Regional Level are considered in detail in this chapter. Also looked at here is the Development of Legal and Institutional Frameworks at National Level where the recent Nigeria cybercrime (prohibition prevention etc) Act, 2015 including the policy and strategy is analyzed.
Chapter four exhustively discusses the Nature of Traditional Law Enforcement  Functions, the Prevention and Detection of Crime. Within this chapter, the Powers of Law Enforcement in the Prevention and Control of Crime is highlighted including the Ethical and Legal Standards in Law Enforcement on the Prevention and Control of Crime and Insecurity it concluded with Good practices (Strategies) in addressing cyber insecurity. Chapter five addresses: Problems of Information Gathering and Sharing as it relate to Cyber Techniques. It mirrors Human, Technical andFinancial/Institutional Capacity to Prevent and Control Cyber Crime. The various issues associated with Evidentiary Problems are discussed here with details on Investigative Techniques, Prosecutorial Skills and Knowledge. Also given prominence is an appraisal of the Peel Theory of Community Policing: Whether Applicable in the Context of Cyber Security and Protection. The Constitutional and Human Rights Issues as it relate to: (i) Conflicts between Law of Privacy and Free Speech (ii) Data Protection and Privacy Infringement and finally, Liability Regimes: civil and criminal are closely examined.
Chapter six is the last and concluding chapter of this research. It presents the findings, and anchors on recommendations.