The Regulation of Cybercitizens’ Conduct on Cyberspace: The Constitutionality and Applicability of the Nigerian Cybercrimes Act 2015

Abstract

Globally, domestic laws have been enacted subjecting activities on cyberspace to existent regulation. In this regard, the Nigerian Federal Government enacted the Nigerian Cybercrimes Act 2015.This Act has generated controversy as to the constitutionality and consequent application throughout the Nigerian federation, especially where the duty to legislate on the subject matter of cybercrime and/or criminal matters is not specifically stated in any of the lists provided in the Constitution of the Federal Republic of Nigeria, 1999(As Amended), on one hand. On the other hand, the literature seems to have arrogated to the State Houses of Assembly the power to legislate on criminal matters. This scenario is the recent basis for the current Delta State Cybercrimes (Prohibition, Prevention etc) Bill 2016 before the Delta State House of Assembly. This paper argues in an attempt to forestall the ongoing controversy and fill the gap in the literature, by critically examining the Nigerian Constitution, Cybercrimes Act and comparative legislations to unequivocally portray that the Nigerian National Assembly is the appropriate body to legislate on cybercrime, hence the Nigerian Cybercrimes Act 2015 is constitutional and applicable throughout the Federal Republic of Nigeria.