Cybercrime Investigation and Prosecution in Nigeria: Bridging the Gaps

Abstract

Abstract The investigatory framework of cybercrime is as essential as the legal and institutional framework governing cybercrime. This article argues that an effective investigation process is fundamental to the effective prosecution of cybercrime offences. Cybercrime investigation involves digital forensics, intelligence gathering, lawful interception, and use of communication data and internet networks. At its core, cybercrime investigation necessitates a comprehensive cybercrime investigation framework backed by a legal framework that ensures effective evidence collection, preservation, and analysis. This article evaluates the cybercrime investigation structure in Nigeria and highlights the gaps in Nigeria’s regulatory framework. It identifies the challenges that hinder Nigeria’s successful investigation and prosecution of cybercrime offences. The study adopts a comparative methodology by juxtaposing cybercrime investigation in Nigeria with the law and practice in the United Kingdom (UK). The UK has a robust cybercrime investigation framework, strengthened by its Cyber Security Strategy 2022. The findings show that, unlike the UK’s Regulation of Investigatory Powers Act, 2000 and the Investigatory Powers Act, 2016, the Nigerian Cybercrimes (Amendment) Act, 2024, the Administration of Criminal Justice Act, 2015 and other laws, are silent on essential investigatory initiatives, steps and specialised powers. The study proposes a practical cybercrime investigation framework to implement Nigeria’s effective prosecution of cybercrime offences.