Cybercrime and Digital Transactions Law in Nigeria towards Attainment of Sustainable Development Goals

Abstract

Objective of Study: The paper aims to identify the relevance, authenticity, and nexus between digital transactions and cybercrime laws and how they affect sustainable development strides in Nigeria. This paper seeks to give a summary of cybercrime and digital transaction laws in Nigeria, as well as the challenges inherent in applying them. Method: The study adopted the doctrinal method of legal research approach in literature review, analysis of cases, and access to internet sources. This paper also made use of primary sources of data such as enabling laws, acts, secondary sources of data, conventions, and journal articles, and the study is also analytical and comparative in nature. Theoretical Framework: Routine activity theory posits that cybercrime is more likely to take place when there is a convergence of a motivated offender, a suitable target (e.g., computer system, data), and the absence of capable guardianship (e.g., security measures). Cybercriminals often exploit vulnerabilities in computer systems and networks, targeting valuable data or systems where security is weak. Another theory is the social learning theory, which was propounded by Albert Bandura. The social learning theory is based upon the influence of the actors in the social environment on an individual to perpetrate a crime. The actors in the social environment here are deviant peers who can share negative influence and can be imitated in society. Cybercrime activity involves a required level of competence in the knowledge of computers to be able to use it to perpetrate crime, and this can only be acquired by imitating deviant individuals who have mastered criminal acts. The proponents of the social learning theory have formulated four processes in explaining this theory, which are differential association, definitions, differential reinforcement, and imitation. A motivation to commit cybercrime begins with close association and mingling with deviant peers in society who have mastered the acts of using computers to commit crimes through online activity. Other individuals in society observe these cybercriminals and are motivated probably because of the lack of apprehension and ostentatious lifestyle they live. This is the point where imitation begins. Result: The study finds that the legal and institutional framework for digital transaction laws in Nigeria is somewhat limited. Some digital forensic tools have not been recognized by our laws in Nigeria. The paper finds that cybercrime causes reputational damage to a country and destroys the domestic economy, reducing the competitive advantages of a nation for socio-economic development. The paper concludes that the extant legal framework for digital transaction laws in Nigeria has lapses that impair the evidence emanating from digital tools/records. This paper recommends, amongst others, training of prosecution officers, legal practitioners, and judicial officers in the collection and use of forensic/digital evidence in court of law, review of some of our extant laws, and creation of an institutional framework for digital transaction laws in Nigeria.