CYBERCRIME AND CYBERSECURITY LAWS: NAVIGATING THE LEGAL
FRAMEWORK OF NIGERIA AND INDIA DIGITAL BUSINESS ASSETS VIA THE
JUDICIAL PROCESS.
By
Michael Agborehike Onyarin
ABSTRACT
From the early advent of computer systems to today, the interconnected digital landscape, the
rapid evolution of technology has carried with it its attendant escalating progression of
cybersecurity threats. Therefore, there is no gainsaying, the fact that need to protect digital assets
is unquantifiable. Basic laws, statues and judicial case law or precedent have changed or
influenced the growing concern of cybersecurity attacks in these jurisdictions. By comparatively
analysing the cybercrime legislation and laws, the author of this paper seeks to identify some of
the prominent statues and case laws that raises the flag against cybersecurity bullies as well as
how courts and legislation are trying to adapt traditional legal rules to digital misconduct, the
role (and limitations) of law enforcement, implication of cybercrime and the growing role of state
actors, regulating and promoting cybersecurity.
Keywords: Cybercrime, Comparative Analysis, Case Laws, Legal Framework, Cyberbully.
INTRODUCTION:
The Globalization Agenda led to the proliferation of the internet, laptops, smart phones, and
artificial intelligence and indeed other computer enabled devices, including E. commerce
revolutionary digital asset, therefore, has led to more sophisticated methods and approach of
1
, committing crimes with computer.1 The 21st century has indeed advanced different methods of
committing crimes, hence different people all over the globe has fallen victims of such atrocities.
Hacking, phishing, identity theft, spamming, etc are some of the globally recognized cybercrimes
perpetuated by cybercriminals all over the world2
Although, there is no University generally accepted definition of cybercrime, different authors,
statutes and laws has their unique place in defining same.
For the purpose of this research, the author aims to adopt or more comprehensive definition.
Cybercrime laws identifies standards of acceptable behaviour for information and
communication technology (ICT) user; establishes social-legal sanctions for cybercrime; protects
ICT users, in general and mitigates and/or prevents harm to people, data systems, services and
infrastructure in particular, protects human rights: enables the investigation and prosecution of
crime committed online (outside of traditional real world settings); and facilitates corporation
between countries on cybercrime matters3.
Show us how far these various jurisdictions have made attempts towards combatting
cybercrimes.
NIGERIA: A CASE STUDY
Nigeria is the most populated black Nation and the 38th largest market for ecommerce in the
world and most industrious as well with over 1.115trillion4 GDP generated annually in 2023 and
1
Elias Chachak “Cybercrime is moving towards smartphones – This is what you should do to protect your
company”. Available at https://www.cyberdb.co/cybercrime-is-moving-towards-smartphones-this-is-what-you-
could-do-to-protect-your-company/>accessed 18 March 2021.
2
Kenneth Olmstead, “Internet Socities Online Trust Alliance 2018 Cyber Incidents & Breach Trends Report”. 9 July
2019. Available at https://www.internetsociety.org/blog/2019/07/internet-societys-online-trust-alliance-2019-
cyber-incidents-breach-trends-report/?gclid=CjwkCAjw9muCBhBuEiwAbDZ7q8qFzjgGgwji-
9EtscXBdE61DhsXrlBomSuiYum_kukSsMi_SXhoCFMQAvD_BwE accessed 18 March 2021.
3
United Nations Office on Drugs and Crime (UNODC) “The Role of Cybercrime law” Available at
https://www.unodc.org/4ej/en/cybercrime/module-3/key-issues/the-role-of-cybercrime-law. Html#:~:text>First
published in February, 2019>accessed 9th of February, 2024.
4
Nigeria’s Gross Domestic Product (GDP), available at https//www.worldeconomics.com/country-
size/Nigeria.aspx
2
FRAMEWORK OF NIGERIA AND INDIA DIGITAL BUSINESS ASSETS VIA THE
JUDICIAL PROCESS.
By
Michael Agborehike Onyarin
ABSTRACT
From the early advent of computer systems to today, the interconnected digital landscape, the
rapid evolution of technology has carried with it its attendant escalating progression of
cybersecurity threats. Therefore, there is no gainsaying, the fact that need to protect digital assets
is unquantifiable. Basic laws, statues and judicial case law or precedent have changed or
influenced the growing concern of cybersecurity attacks in these jurisdictions. By comparatively
analysing the cybercrime legislation and laws, the author of this paper seeks to identify some of
the prominent statues and case laws that raises the flag against cybersecurity bullies as well as
how courts and legislation are trying to adapt traditional legal rules to digital misconduct, the
role (and limitations) of law enforcement, implication of cybercrime and the growing role of state
actors, regulating and promoting cybersecurity.
Keywords: Cybercrime, Comparative Analysis, Case Laws, Legal Framework, Cyberbully.
INTRODUCTION:
The Globalization Agenda led to the proliferation of the internet, laptops, smart phones, and
artificial intelligence and indeed other computer enabled devices, including E. commerce
revolutionary digital asset, therefore, has led to more sophisticated methods and approach of
1
, committing crimes with computer.1 The 21st century has indeed advanced different methods of
committing crimes, hence different people all over the globe has fallen victims of such atrocities.
Hacking, phishing, identity theft, spamming, etc are some of the globally recognized cybercrimes
perpetuated by cybercriminals all over the world2
Although, there is no University generally accepted definition of cybercrime, different authors,
statutes and laws has their unique place in defining same.
For the purpose of this research, the author aims to adopt or more comprehensive definition.
Cybercrime laws identifies standards of acceptable behaviour for information and
communication technology (ICT) user; establishes social-legal sanctions for cybercrime; protects
ICT users, in general and mitigates and/or prevents harm to people, data systems, services and
infrastructure in particular, protects human rights: enables the investigation and prosecution of
crime committed online (outside of traditional real world settings); and facilitates corporation
between countries on cybercrime matters3.
Show us how far these various jurisdictions have made attempts towards combatting
cybercrimes.
NIGERIA: A CASE STUDY
Nigeria is the most populated black Nation and the 38th largest market for ecommerce in the
world and most industrious as well with over 1.115trillion4 GDP generated annually in 2023 and
1
Elias Chachak “Cybercrime is moving towards smartphones – This is what you should do to protect your
company”. Available at https://www.cyberdb.co/cybercrime-is-moving-towards-smartphones-this-is-what-you-
could-do-to-protect-your-company/>accessed 18 March 2021.
2
Kenneth Olmstead, “Internet Socities Online Trust Alliance 2018 Cyber Incidents & Breach Trends Report”. 9 July
2019. Available at https://www.internetsociety.org/blog/2019/07/internet-societys-online-trust-alliance-2019-
cyber-incidents-breach-trends-report/?gclid=CjwkCAjw9muCBhBuEiwAbDZ7q8qFzjgGgwji-
9EtscXBdE61DhsXrlBomSuiYum_kukSsMi_SXhoCFMQAvD_BwE accessed 18 March 2021.
3
United Nations Office on Drugs and Crime (UNODC) “The Role of Cybercrime law” Available at
https://www.unodc.org/4ej/en/cybercrime/module-3/key-issues/the-role-of-cybercrime-law. Html#:~:text>First
published in February, 2019>accessed 9th of February, 2024.
4
Nigeria’s Gross Domestic Product (GDP), available at https//www.worldeconomics.com/country-
size/Nigeria.aspx
2
