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TRANSNATIONAL CYBERCRIME PROSECUTION: A COMPARATIVE ANALYSIS OF NIGERIA AND AUSTRALIA

TRANSNATIONAL CYBERCRIME PROSECUTION: A COMPARATIVE ANALYSIS OF NIGERIA AND AUSTRALIA

Cybercrime presents a critical international legal challenge; characterized by its borderless nature and rapid evolution into sophisticated threats like ransomware, deepfakes, and financial fraud. The global fight against this menace is currently constrained by complex issues of jurisdiction, extradition, and inherent conflicts between national laws.This article undertakes a critical analysis of the legal frameworks established to combat this threat by focusing on the domestic efficacy of Nigeria’s Cybercrimes (Prohibition, Prevention, etc.) Act 2015. It examines how the Act aligns with and differs from foundational international instruments, specifically the Council of Europe’s Convention on Cybercrime (Budapest Convention). Furthermore, the paper argues that despite the 2015 Act providing a crucial domestic foundation for cyber-offences, its actual capacity to deter and prosecute transnational cybercrime is severely hampered. This limitation stems from persistent challenges in coordinating cross-border enforcement, effectively gathering digital evidence, and resolving complex jurisdictional disputes. The conclusion calls for more robust international legislative harmonization and judicial cooperation to fortify
the legal response against these evolving network-driven offences.

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