Cybercrime prosecutors and non-retroactivity of the nigerian cybercrimes act 2015

Abstract

The role of cybercrime prosecutors in the quest to eradicate the proliferation of cybercrime and enhance the administration of cybercrime justice in Nigeria cannot be overemphasized. However, the recent enactment of the Nigerian Cybercrimes Act 2015 which ordinarily should be a tool in the hands of cybercrime prosecutors, raises pungent questions as to the legality or otherwise of bringing pending cybercrime matters before courts and the prosecution of perpetrators of cybercrime prior to the commencement of the Act under the Nigerian Cybercrimes Act 2015. The dilemma that this portends for the administration of cybercrime justice is that in the absence of proper appreciation of the legal implications, a cybercrime prosecutor would amend ongoing cybercrime charges and arraign perpetrators of cybercrime for offences committed before the commencement of the Nigerian Cybercrimes Act 2015. This paper consequently analyses, from the perspective of legal inclinations, the appropriate role of a cybercrime prosecutor in respect to ongoing cybercrime proceedings prior to the commencement of the Nigerian Cybercrimes Act 2015. It unravels the apposite action for a cybercrime prosecutor when faced with an opportunity to arraign perpetrators of cybercrime prior to the commencement of the Act before the courts to enhance the effective administration of cybercrime justice.