Cybercrime In Nigeria

Nigeria’s first Cybercrime (prohibition, prevention e.t.c.) act was enacted in 2015, in recent weeks, there has been wide speculation about a new amendment to this law, called “2025 Cybercrime Law amendment.” These claims are false, the last and only amendment to the Cybercrime Act was signed on February 28, 2024.

The Cyber Crimes Act 2015 was passed to provide legal backing for preventing, detecting, and prosecuting cybercrimes and in 2024, it was amended to reflect evolving digital threats and realities.

KEY PROVISIONS OF THE ACT  

a) Fraud & Financial Crimes

Section 14 & 15 of the act criminalizes online fraud, advance fee fraud (“Yahoo Yahoo”), phishing, fake emails, card fraud and anyone found guilty would be fined plus 14 years imprisonment.

b) Identity Theft & Impersonation

Section 22 of the act states that it is a crime to impersonate another person or steal their digital entity, like emails, social media accounts, BVN etc and guilty parties would face the penalty of 5years imprisonment or fine. 

c) Cyberstalking & Online Harassment

Section 24 of  the act Prohibits messages that are menacing, false, or sent to cause annoyance, insult, hatred, or ill will. Some critics argue it threatens free speech 

See Okedara v. AGF where the Court of Appeal questioned Section 24’s constitutionality, highlighting tension between preventing online abuse and safeguarding free expression, although it didn’t strike down the law but upheld it. 

d) System Interference & Hacking

Section 6 & 8 of the act criminalizes unauthorized access to computers, hacking, or interfering with data.

It covers breaching government servers, stealing customer data, hacking banks, etc.

e) Child Pornography & Sexual Exploitation

Section 23 of the act prohibits child pornography, grooming, and online sexual exploitation. Heavy penalties, including life imprisonment in severe cases.

f) Electronic Evidence

Section 84, Evidence Act read together with the Cybercrime Act allows electronic records (emails, chats, CCTV, transaction logs) to be admissible in Nigerian courts.

See Kubor v. Dickson where The Supreme Court  clarified the rules for admitting electronic records : emails, chat logs, and computer printouts are admissible once the conditions in Section 84 of the Evidence Act are satisfied.  

g) Institutional Framework

Establishes the National Cybercrime Advisory Council (NCAC). It also mandates banks, telcos, ISPs to cooperate with security agencies on cybercrime investigations. The 2024 Amendment allows for stronger powers for National Information Technology Development Agency (NITDA), Central Bank of Nigeria (CBN) , and Nigerian Communications Commission (NCC) in cyber regulation 

RECENT AMENDMENT (2024 Highlights)

• Stricter penalties for financial fraud & identity theft.

• Explicit regulation of fintech & crypto-related fraud.

• Recognition of AI-related cyber risks (deepfakes, automated scams)

• Closer alignment with Nigeria Data Protection Regulation (NDPR, 2019 ) / Nigeria Data Protection Bureau (NDPB) for  data protection enforcement.

WHY IT MATTERS 

• It Protects Nigerians from online scams, fraud, and cyberattacks.

• Ensures digital transactions (banking, fintech, e-commerce) are secure.

• Raises questions about balancing security with freedom of expression.

• Businesses must strengthen cybersecurity policies, data protection, and compliance systems.