CYBERCRIMINALS AND NIGERIAN CYBERCRIMES ACT 2015: CONCEPTUALISING COMPUTERS FOR CYBERCRIME JUSTICE, PP. 1 - 31
Cybercrime, being an act committed through the use of the computer either as a tool or target, makes the computer an indispensable tool for almost all cybercrimes. The increasing number of persons utilizing computers, the different purposes for which they are put, coupled with the intractable problems of defining what is and what is not a computer under the Nigerian Cybercrimes Act 2015 is central to the determination of guilt or otherwise of cybercriminals brought before the court for prosecution. The conceptualization of computers under the Nigerian Cybercrimes Act 2015 provides the trial judge with so much discretion and little or no guidance as to whether a particular device is, or is not a computer.
Moreover, considering the development of information and communication technology, the concept is continuously challenged. This paper examines the difficulties posed by the Act on the meaning of computers and how the identified difficulties can be curtailed. In this regard, this paper, from a comparative perspective, examines the interpretation of computers handed down by judicial personnel of various courts. It thereafter recommends to the Nigerian trial judge to adopt the same under the Nigerian Cybercrimes Act 2015 to do cybercrime justice.