International Law and Cybercrime Enforcement: Practical Challenges for Nigerian Prosecutors

This paper examines the practical challenges faced by Nigerian prosecutors in enforcing cybercrime laws, drawing on the international legal framework provided by the Budapest Convention on Cybercrime, the African Union Convention on Cyber Security, and mutual legal assistance treaty obligations. As cybercrime continues to evolve in sophistication and transnational reach, Nigerian prosecutors in federal courts in Lagos, Abuja, and Port Harcourt face significant evidentiary, technical, and jurisdictional challenges in securing convictions. Using a professional legal practice methodology, the research analyses the evidentiary standards applicable in cybercrime prosecutions under the Cybercrimes Act 2015 and the Evidence Act 2011, focusing on the admissibility of electronic evidence, digital forensic reports, and records obtained through mutual legal assistance. It draws on reported cybercrime prosecutions before Nigerian courts, EFCC enforcement statistics, and interviews with practitioners to map the evidentiary gaps in current prosecution strategies. The paper also examines jurisdiction challenges arising where criminal acts are initiated outside Nigeria but produce effects domestically, and assesses Nigeria's capacity to execute and respond to mutual legal assistance requests from foreign cybercrime investigations. Findings indicate consistent acquittals and case collapses linked to poor digital evidence management, inadequate forensic capacity, and unfamiliarity with international cybercrime legal standards among prosecutors. Recommendations include specialised cybercrime prosecution training, investment in accredited digital forensic laboratories, and ratification of the Budapest Convention to access its electronic evidence framework. Keywords: cybercrime, prosecution, Budapest Convention, digital evidence, Nigerian courts.