This paper aims to determine the extent to which the myriad of cybercrimes is within the purview of extant Nigerian laws against the backdrop of the modicum of legal and…
Abstract
Purpose
This paper aims to determine the extent to which the myriad of cybercrimes is within the purview of extant Nigerian laws against the backdrop of the modicum of legal and institutional mechanisms available at international law for combating cybercrimes.
Design/methodology/approach
This study is library based. It relies on secondary data generated by the variegated multilateral agencies, law reports of international and municipal tribunals, relevant books, journals, monographs policy papers and so forth as the basis of analysis.
Findings
Findings suggest that cybercrimes are very difficult to unravel because their traces are imperceptible and require highly specialised skills and digital protocols to find, store and save them for evidential purposes. Such gathered evidence are in the form of digital data stored in variegated hardware and software media, such as storage peripherals, electronic components, working memory, hard discs and external discs. The difficulty is how to identify, weigh for evidential value and capture the multiplicity of evidence unearthed in a digital forensic investigation. The foregoing underscores the digital forensic problematic which is engendered by the difficulties of contriving a thoroughgoing concept of digital evidence given the malleable nature of the variegated storage media.
Practical implications
This paper engenders considerable acquaintance of the entire sphere of digital crimes and cyber threats, which is contended with in the information epoch, and recommends both legal and institutional mechanisms to counter the clear, real and present danger, which digital crimes represent for the survival of human civilisation, sustainable economic growth and development.
Originality/value
This paper dwells on the infinite potentiality of deploying the instrumentality of national and international law to deter, control and prosecute the myriad of cybercrimes.
Details
Keywords
The purpose of this paper is to demonstrate the congruence between Nigeria’s unremitting rule of law deficit, corruption pandemic and its crisis of developmentalism. The paper…
Abstract
Purpose
The purpose of this paper is to demonstrate the congruence between Nigeria’s unremitting rule of law deficit, corruption pandemic and its crisis of developmentalism. The paper proves that market failures and state failures are mutually reinforcing and are functions of systemic official corruption in the private and public sectors of the Nigerian economy.
Design/methodology/approach
This study is library-based. It relies on secondary data generated by the variegated multilateral agencies, law reports of international and municipal tribunals, relevant books, journals, monographs policy papers and so forth as the basis of analysis.
Findings
Findings suggest that Nigeria’s corruption pandemic is a derivative of its unremitting rule of law deficit and that its crisis of developmentalism is a logical function of the pervasive normlessness, very wide latitude for discretion, arbitrariness, weak institutions and lack of centrality of law and its institutions, which characterise its body politik.
Social implications
Systemic corruption in Nigeria affects the citizens’ perception of social justice and equity and undermines economic efficiency. It has also distorted the work reward causality, which has engendered a rentier social-economic order.
Originality/value
By first demonstrating the congruence between Nigeria’s rule of law deficit, corruption and economic and governance failure; the paper focusses on the total breakdown of norms in the Nigerian private and public sectors and resultant stultification of economic growth, sustainable human development and pervasive impoverishment of the citizenry.