155
viii.) Low Regional Response: Overall, there seems to be low response across the spectrum to the problem of cybercrime in Africa. When compared to the developed regions of the world such as America, Australia, Europe and so on, there are not so many conversations going on around the problem of cybercrime. There are not so many regional conferences, seminars, debates, on cybercrimes and criminality. There is no doubt that such activities would ultimately create more awareness on the scope of the problem and underscore the need for more regional cooperation in the efforts to combat it. For example, the African Union Convention on Cyber Security and Personal Data Protection was adopted by the Twenty-third Ordinary Session of the Assembly held in Malabo Equatorial Guinea on 27th June 2014. However, only 11 countries have signed it as at 5th February, 2019 (African Union, 2019). This low response will undoubtedly affect the level of cooperation among member states in the establishment and enforcement of cybercrime legislation in Africa.
ix.) Weak Voices in Global Internet Governance: The African Union Commission (2016) has decried the weak voices of Africa in global Internet governance. African needs strong voices in global internet governance as this is critical to the effective enforcement of cybercrime legislations in Africa.
156
ii.) Need for Cybercrime Research Centres: For law and policy makers to be able to update cybercrime legislations they need systematic and reliable data on emerging patterns of cybercrime. Therefore, there is need for African government to establish dedicated cybercrime research centres and specially commission/fund cybercrime research projects. This way, they will be able to generate credible statistics/data that will guide the review of cybercrime legislation in their respective countries.
iii.) Need for Specialized Training for Law Enforcement: African governments should invest more in the training and re-training of law enforcement personnel on cybercrime investigation and digital forensics. To be able to effectively and efficiently police cybercrime, law enforcement personnel need an above average knowledge of cybercrime issues. Such knowledge when rightfully applied will go a long way in strengthening the enforcement of the extant legislations on cybercrime in African countries.
iv.) Need for Enforcement of Existing Legislations: Law enforcement should be more aggressive in enforcing the existing legislations on cybercrime. This will send warning signals not only to cybercriminals but it will also deter potential cybercriminals who may be scared of experiencing the full wrath of the law. For legislations to fully achieve their objectives they have to be enforced.
v.) Public Enlightenment Campaigns: There is need for regulatory agencies to increase the tempo of their public enlightenment campaigns on cybercrime and its legislations. These campaigns should also be propagated in the major local languages for wider coverage. This perhaps may assist in improving the reporting practices of cybercrime. It will address the seeming apathy on the part of citizens to report crime to relevant law enforcement agencies.
vi.) Need for more Regional Cooperation: Cybercrime is a transnational crime. It therefore, requires international partnerships to tackle it. There is need for African
157
countries to collaborate with one another in the fight against cybercrime. Such collaboration will reduce the technicalities associated with extradition and will make it more or less, a seamless process. There is need for African countries yet to sign the African Union Convention on Cyber Security and Data Protection to consider doing so.
4.0 CONCLUSION
African states need appropriate legislations to be able to effectively tackle the problem of cybercrime. Given that cybercrime is always evolving and cybercriminals are constantly reinventing their modus operandi, cybercrime laws need to be periodically reviewed.
Above all, African states need to partner and provide mutual assistance for the effective implementation of cybercrime legislations.
5.0 SUMMARY
This unit discussed the various challenges that militate against the effective establishment and enforcement of cybercrime legislations in Africa. It also discusses some strategies for the improvement of cybercrime legislations in Africa.
6.0 TUTOR-MARKED ASSIGNMENT
What are the challenges militating against the effective establishment and enforcement of cybercrime legislations in Africa?
7.0 REFERENCES/FURTHER READING
African Union (2019). List of countries which have signed, ratified and acceded to African Convention on Cyber Security and Personal data Protection. Available at:
Retrieved from
https://au.int/.../29560-sl-african_union_convention_on_cyber_security_and_personal..
Marcum, C. D. (2014). Cyber Crime. New York: Wolters Kluwer law & Business.
158
Ndubueze, P.N. (2019). Cybercrime and Legislation in an African Context. In T.J. Holt and A.M. Bossler (eds.) The Palgrave Handbook on International Cybercrime. Switzerland AG: Palgrave Macmillan, Cham
DOIhttps://doi.org/10.1007/978-3-319-90307-1_74-1
Ndubueze, P.N. (2016). Cyber criminology and the quest for social order in Nigerian Cyberspace. The Nigerian Journal of Sociology and Anthropology. 14 (1): 32- 48.
Nhan, J. & Bachmann, M. (2015). Developments in Cyber Criminology. In M. Maguire and D. Okada (eds.). Critical Issues in Crime and Justice: Thought, Policy and Practice, (2nd ed.), pp. 209 -228. Los Angeles: Sage Publications.
Punch Newspaper (2018, February 3). More attacks on FG over social media monitoring.
Retrieved June 2, 2019 from
https://punchng.com/more-attacks-on-fg-over-social-media-monitoring/
Wall, D.S. (2007/10). Policing cybercrime: Situating the public police in networks of security within cyberspace. Police Practice and Research: An International Journal, 8 (2), 182-205.
159