Appraising the cybercrimes (Prohibition, Prevention etc.) Act, 2015 in the context of jurisdiction in cyberspace

Abstract

The Nigerian Cybercrimes (Prohibition, Prevention Etc) Act 2015 is the fundamental legislation regulating activities of persons and  organizations within the Nigeria’s cyberspace. The Act governs detection, prevention, investigation, arrest and prosecution of computer  and computer networks or internet related crimes in Nigeria. The aim of this work is to appraise the Cybercrimes (Prohibition, Prevention  Etc) Act, 2015 in the context of jurisdiction in cyberspace. Its major objectives are: to make an overview of the cybercrimes Act; to  determine the bases of jurisdiction in cyberspace; to appraise the issue of state’s sovereignty in cyberspace; to ascertain the type of  jurisdictions in cyberspace created by the cybercrimes Act 2015 and to establish the bases of cyberspace inherent in the cybercrimes  under the Act. Doctrinal research methodology was adopted. It was the findings of this work that the physical and human components of  cyberspace are subject to the sovereign powers of the state to prescribe, adjudicate and enforce while the software component, by  virtue of its deterritorialized and trans-boundary nature may not be subject to territorial jurisdiction of the state. This work concluded  that the physical and the human components of cyberspace are subject to the territorial jurisdiction of the state and that the software  component is not subject to the territorial jurisdiction of the state; the bases of jurisdiction created by the cybercrimes Act 2015 in its  section 50(1) are: subjective territoriality, objective territoriality, and nationality and so on. It is recommended that the software  component of cyberspace be treated as fourth international space and that UN should put in motion steps to formulate an international  convention or covenant on cybercrimes.