A COMPARATIVE ANALYSIS OF CYBERCRIME LEGISLATION IN NIGERIA AND UNITED STATES OF AMERICA

ABSTRACT In recent years, Nigeria has witnessed a surge in cybercrime activities. The proliferation of (Yahoo boys) young individuals engaged in fraudulent schemes has become a troubling social phenomenon. These activities tarnish the nation’s global image. In addition, it exposes the inadequacies in its legal mechanisms. Cybercrime pose a global threat. It exploits the interconnectedness of modern societies. In Nigeria and the United States of America, the rise in cybercrime poses significant challenges to social stability. Both nations struggle to combat crimes despite advances in cybersecurity measures. Thus, the aim of this research to explore and compare the cybercrime legislation in Nigeria and the United States of America. The research therefore considers the following objectives. It will explore the extant Cybercrime legislation in Nigeria and United States of America. It will also analyze the major similarities between the Cybercrimes Legislation in Nigeria and the United States America. In addition, we will analyze the major differences between the Cybercrimes Legislation in Nigeria and the United States America. We will employ the doctrinal method of research in this project. This work primarily relies on library and internet resources to thoroughly explore the subject matter. In addition, it extensively examines the primary and secondary sources of Nigerian law. The findings of this research indicate that the extant cybercrime legislation in Nigeria includes The Criminal Code Act, Cybercrime Act, EFCC Act, Advanced Fee Fraud Act, Evidence Act, NITDA Act, Money Laundering Act, Freedom of Information Act, ICPC Act and Nigeria Communications Act. We will also found that extant cybercrime legislation in USA includes CFAA, Identity Theft Act, FISMA, CISA, ECPA, IoT Cybersecurity Improvement Act, The CAN – SPAM Act and DMCA. In addition, we found that there are numerous similarities between the two jurisdictions. We also found that there are numerous distinctions between the both jurisdictions. Based on the findings, the following recommendation was proposed. The Cybercrime Legislation in Nigeria should be amended. In addition, public awareness on cybercrime should be improved.