The absence of a uniform and legal definition for the types of acts that might be considered cybercrime is a major issue for the study of cybercrime [10]. Determining what constitutes cybercrime presents conceptual challenges [11]. Cybercrime is defined in a variety of ways. Apart from its challenging definition, it is also referred to by several different names, including Internet crime [12], virtual crime [13],[14]computer crime, computer-related crime, digital crime, information technology crime [15], e-crime, and net crime [16]. It seems sense that a broad range of criminal actions and activities might be considered cybercrime.

Cybercrime was separated into two categories and described as follows at a workshop at the tenth United Nations Congress on the prevention of crime and treatment of offenders that focused on crimes involving computer networks:

I. Cybercrime, in its strictest definition, is any unlawful activity that attacks the security of computer systems and the data they handle and is carried out using electronic methods.

II. In a broader sense, cybercrime refers to any unlawful activity carried out through or in connection with a computer system or network, including offenses like unlawful possession and the offering or dissemination of information via a computer system or network.

Cybercrime is used as a catch-all word in the council of Europe's 2001 convention on Cybercrime to describe a variety of illegal actions, including violations of computer data and systems, offenses pertaining to computers, violations of content, and violations of copyright.

The four primary categories of cybercrime covered by the treaty are:

I. Violations of the confidentiality, integrity, and availability of computer data and systems, including unlawful access, illegal interception, interference with data or systems, and illegal devices; II. Violations of computer-related offenses, such as computer-related fraud and forgery; III. Violations of content (Such as child pornography); and IV. Violations of copyright and related rights.

Thomas and Loader [17] provide a workable definition of cybercrime in this vein, defining it as “computer-mediated activities which are either illegal or considered illicit by certain parties and which can be conducted through global electronic networks.” Canadian law enforcement agencies are increasingly adopting the Canadian Police College's working definition of cybercrime, which is defined as a criminal offense in which a computer is either the goal of the crime or the instrument used to perpetrate a major component of the offense [18].

Cybercrime is defined as any illegal activity that targets a computer, computer systems, information network, or data, as well as known illegal activities or crimes that are actively carried out using or aided by a computer, computer systems, information network, or data. It is important to remember that cybercrime lacks a standardized and legal definition[19].

Making cyberspace secure from dangers, namely cyberthreats, is the focus of cybersecurity. The term “cyber-threat” is a bit nebulous and refers to the malicious use of Information and Communication Technology (ICT) by a variety of bad actors, either as a tool or as a target. National security and cyber-security are frequently confused; however, according to NCWG coordinator Odumesi[20], national security may frequently be linked to certain cyber-security incidents. The phrase "cyber-security" solely describes the protection of networks and systems, including computers, electronics, and related equipment.

According to Odumesi[20], typical cyber-security concerns include information Confidentiality, System Integrity(CIS), and network survivability. Cybersecurity's main goals are to defend against external infiltration and to prevent unauthorized access and data tampering on networks and systems. Three things are often referred to by the phrase “cyber-security”:

I. A collection of technical and nontechnical actions and measures meant to defend computers, computer networks, associated hardware and software devices, and the data and software they contain and exchange, as well as other components of cyberspace, against all threats, including those to national security; II. The level of protection brought about by the implementation of these actions and measures; III. The related field of professional endeavor, including research and analysis, aimed at putting those actions into practice and enhancing their quality.

Since information security is at the core of the issue, cybersecurity is therefore more than just data security or information security, yet it is strongly tied to those two areas. Information security encompasses all facets of information protection. These factors are often divided into three groups: information availability, confidentiality, and integrity. While "integrity" relates to preventing unauthorized alterations to information, "confidentiality" refers to preventing information from being disclosed to unauthenticated persons.

“Availability” refers to the fact that authorized parties should be able to access the information upon request. Occasionally, the list is expanded to include "accountability," which is the requirement that an entity's activities be uniquely traceable to that entity.

Making sure that systems are consistently reliable in the face of many forms of malicious activity, especially denial-of-service assaults, has effectively become the primary objective of contemporary information security. Network topologies' dominance affects how protection policies are formulated and, in turn, how suitable protection initiatives, objectives, tactics, and tools for problem-solving are chosen.

I. Cybersecurity as an information technology issue: With a particular emphasis on internet security, cybersecurity can be viewed as an IT security or information assurance issue. Therefore, policies are designed to use technological tools like firewalls, antivirus software, or intrusion detection software to combat threats to the information infrastructure. The primary anticipated risks are cyber attacks, human error, system malfunctions, accidents, and poor programming.

II. Cybersecurity as an economic issue: Cybersecurity is important for business continuity, particularly for e-business, which, to guarantee optimal company performance, needs constant access to ICT infrastructures and business processes. Private sector representatives are the primary players. Viruses, worms, human error, hacker assaults of all kinds, and cybercrime are the biggest dangers.

III. Cybersecurity as a problem for law enforcement: Cybercrime is seen to be related to cybersecurity. The word "cybercrime" is fairly wide and can refer to anything from crimes against individual computers to crimes made possible by technology. Law enforcement officials are the primary actors. Cyberterrorism and computer crime are the two biggest concerns.

IV. Cybersecurity is a national security issue: Because they rely on ICT, society and its fundamental principles are in peril. The danger is being addressed on a number of levels, including the organizational, international, legislative, and technical levels. Security experts are the primary players. Terrorists pose the biggest threat, but other governments also pose a threat from information warfare.

The structural-functional theory's central finding is that crime and deviance are essential components of social organization. According to this theory, society is an organism made up of several components that work together to contribute to its overall efficacy and efficiency. According to the consensus theory known as structural-functionalism, society is based on balance, order, and relationships between its many components in order to preserve the seamless operation of the whole.

According to the idea, social order is founded on unspoken agreements between groups and organizations, shared norms and values form the foundation of society, and social change happens gradually and in a planned manner. When Merton [22]wrote in the middle of the 1930s, he believed that crime and deviance were reactions to the failure to accomplish societal objectives. This theory of crime is known as the "anomie theory" because Merton [22]emphasizes a conflict or strain between:

I. A society's cultural objectives, and II. The accepted or formalized methods by which these objectives are accomplished.

The idea is relevant to this study because it helps us realize that crime and deviance are not the result of a few "bad apples," but rather are an essential part of "good" social existence. As a result, Nigeria's government should pass legislation and establish institutional structures to uphold law and order and cybersecurity to reduce crime.

The theory's central finding is that crime is a natural byproduct of capitalism and that society is always evolving in reaction to social conflict and inequality. The foundation of capitalism as an economic system is the private ownership of property, which promotes individual wealth rather than the welfare of the group. According to the thesis, capitalism both contributes to and is a crime in and of itself. Its foundation is the economic exploitation and oppression of the majority, which fosters a competitive environment that is conducive to corruption, violence, and greed.

According to Giddens [23], Bonger [24] offered a very early understanding of Marxian concepts related to crime and deviance. Bonger[24] believed that people are naturally altruistic and not competitive. According to Bonger[24], capitalism as an economic system breeds selfishness and greed in people. Following Bonger's[24], in Giddens[23], contends that the working class is oppressed by the law under capitalism. He contends that only until capitalism itself is eradicated will what we currently consider to be "criminal" cease to exist.

He argues that under socialism, there won't be any greed or profit-seeking, and the ruling class won't have the power to utilize the law as a tool to label working-class behaviors that they don't want to permit as criminal or deviant. The Marxian hypothesis is pertinent to this research since it offers a substantial explanation for why individuals commit crimes, particularly young people without jobs. It is hardly surprising that cybercrime is so common in Nigeria given the country's high levels of political, economic, and corruption instability.

A portion of the majority's disadvantaged members have turned to alternate methods of survival as a result of the majority's oppression, exploitation, and alienation for the elites' gain. These other methods include, among other things, armed robbery and prostitution. It is evident that some factors, including extreme poverty, relative social deprivation, widespread corruption, excessive materialism and greed, and others, have affected crime in Nigeria.

Cohen and Felson [25] introduced the Routine Activity Theory in Miller [26]. They argued that three conditions had to be met for a crime to occur: a motivated criminal, a suitable target, and the lack of competent guardians. According to the notion, crime is common and contingent on the circumstances. Crime will occur if a target is not sufficiently protected and if the payoff is worthwhile. Hardened criminals, super predators, convicted felons, and evildoers are not necessary for crime. All crime requires is an opportunity. According to this, for a crime to be committed, three conditions must be met simultaneously and in the same location:

I. There is an appropriate target available.

II. The absence of an appropriate guardian to stop the crime from occurring III. There is a motivated and probable criminal present.

The theory is pertinent to this research since it offers a substantial insight into the motivations for cybercrime. The efficacy of indirect guardianship is more closely related to cybercrime, which is why it occurs. Additionally, the Global Information Infrastructure (GII) is unrestricted and open, and the Internet's processes are made to move data, not to analyze it.

In order to help society better understand why crimes co-evolved with computer and telecommunications technologies to become among the most complex and challenging types of crime to prevent, investigate, and control, the theory integrates a number of criminological theories. This is its main insight. According to McQuade [27], it might be challenging to comprehend and sustain somewhat complicated crime at first, and law enforcement and criminals are always competing for technological advantages. To avoid, regulate, dissuade, and prevent new types of crime, law enforcement must keep up with the imaginative and novel ways that criminals are committing crimes. According to McQuade [28], the notion of technology-enabled crime includes:

I. Direct crimes against computers and computer systems, II. High tech crime, computer crime, or cybercrime are terms frequently used to describe these types of activities.

III. The use of technology to commit or assist in the commission of traditional crimes, and IV. The use of technology to enable crimes like fraud, scams, and harassment presents special difficulties for traditional crimes.

The theory offers a framework for comprehending all types of criminal activity, particularly those that are developing in tandem with advancements in computing and telecommunications technology. The idea is relevant to comprehending current dangers from transnational crime, cybercrime, and terrorist networks that challenge established criminal justice and security mechanisms for crime prevention and control. Because it gives us insight into the new tools and tactics used by cybercriminals that is, the transition from basic crimes performed with simple tools to complex crimes conducted with sophisticated tools the theory is pertinent to this study. It also aids in comprehending novel types of criminal activity, social abuse, and deviance that involve creative use of technology.

According to the information gathered, the Nigerian Police Force (NPF) and the EFCClearn about cybercrime activity through periodic evaluations of cybercafés, Internet monitoring, and complaints and reports from victims. Typically, forensic investigation of the suspects' computer systems and other tools used to carry out the crime provides them with evidence to support a conviction. In addition to these methods, further evidence utilized to guarantee the conviction of individuals who may be guilty includes victim oral testimony, correspondence between the suspects and the victims, and Internet Protocol address data from Internet Service Providers (ISPs).

The only laws in Nigerian criminal law that may be used to prosecute cybercriminals are the Advance Fee Fraud Act of 2006, the Money Laundering Act of 2004, section 12(1)(c)–(d), the EFCC Act of 2005, and the Evidence Act of 1948. By registering all potential cybercafes and educating the public, these security organizations guarantee cybersecurity. Insufficient provisions for cybercrime in the criminal code, non-registration of SIM cards and Internet modems, non-cooperation from telecoms and ISPs, a shortage of trained personnel, and a lack of regular training opportunities are some of the difficulties they face while carrying out their responsibilities to ensure cyber-security.

Duplication of duties and responsibilities among law enforcement agencies regarding cybercrime activities and Nigerian judges' lack of understanding of cybercrime issues and technicalities are also pertinent. The Nigerian Police Force (NPF) did not report positive results, attributing this inefficiency to a lack of information technology skills, funding, and the necessary motivation to effectively engage cybercriminals. The EFCCreports positive results in the fight against cybercrime because of regular raids of public Internet cafes, arrests, and the prosecution of suspects.

The case of Akeem Adejumo v. National Aeronauticand space agency of the United States is the most recent cybercrime case that highlights the significance of having a cybercrime law. The low penetration of Internet access, widespread illiteracy, and the incapacity of Internet users to take preventative measures are the reasons given by law enforcement agencies for their perception of a low level of general awareness of cybercrime and cybersecurity among Nigerian Internet users.

According to the NITDA, Section 14 of the Nigerian Constitution, which declares that "no person shall be punished for a crime unless such crime is prohibited by written law and specific penalties are provided for the violation," is the main obstacle to identifying cybercrime activities. Because no written legislation in Nigeria forbids any online activity, there is no such thing as cybercrime. Since there are no specific legal provisions or tools in the Nigerian Criminal Law that deal with cybercrime, the agency reports that law enforcement agencies obtain evidence to support convictions through methods other than electronic evidence.

Through interactive sessions with the Bankers' Committee and law enforcement agencies, public education programs, and capacity development seminars on cybercrime, the agency supports efforts towards cybersecurity. Additionally, they partnered with the private sector to establish network security regulations, sponsored the cybercrime bill, and collaborated with the Law Reform Commission to update the Evidence Act. The fact that they are not a law enforcement organization is one of the difficulties they have when performing their tasks.

They also face the difficulty of the general public, law enforcement, and policymakers having very little understanding of cybercrime [30]. For example, Nigerian banks refuse to share information on cyber-security threats they receive with the law enforcement. Additionally, organizations lack institutional memory since individuals who may have received cybercrime training are occasionally assigned to roles where their learned knowledge may not be beneficial to the organization.

Another issue is the lack of financing, which makes it hard for them to equip and educate staff and set up a forensic laboratory. Although the agency acknowledges the relative achievements of the different law enforcement organizations, it notes that the Nigerian government frequently responds to the current circumstances. For example, we established ICPC when corruption became a significant problem, NDLEA when hard drugs became a problem, NAFDAC when fake medications became a problem, and so on. According to the agency, attempts to present electronic evidence in court have been unsuccessful in a number of cases. The well-known Femi Fani-Kayode case serves as a prime example, in which the court denied the printed statement of accounts due to the Evidence Act's requirement that you provide a ledger, which is now not used by any banks. Regarding the broad understanding of cybercrime and cyber-security in Nigeria, the agency believes that most people only associate them with “Yahoo Yahoo Boys,” although there are other equally important aspects of the issue.

The advance fee fraud act of 2006, the money laundering act of 2004 section 12(1)(c)–(d), the efcc act of 2005, and the evidence act of 1948 are the available enabling criminal laws that law enforcement agencies use, but they are insufficient to directly address the threat of cybercrime. Therefore, in order to combat cybercrime and guarantee cybersecurity, a suitable cyberlaw is urgently needed.

In addition to laws, law enforcement agencies must be given sufficient funding so they may purchase the instruments, apparatus, and expertise required for effective network system security against cyberattacks. If law enforcement agencies lack the expertise and training required to even operate a computer, then laws designed to prevent cybercrimes are pointless. Judges also need to be well-trained.

However, these are insufficient; proactive measures are needed to ensure cyber safety on the Internet. For example, the International Telecommunication Union (ITU) toolkit is used to ensure cybersecurity. The government cyber-security agency ensures cyber-security through capacity building, workshops on cybercrime, public enlightenment programs, interactive sessions with the Bankers’ Committee and law enforcement agencies, sponsoring the cybercrime bill, working with the Law Reform Commission to update the Evidence Act, and partnering with the private sector to set network security regulations.

A useful tool for developing a cyber-security legal framework and associated legislation is the ITUtoolbox. Furthermore, governments and the private sector must communicate, coordinate, and work together in order to fully align the policies, practices, and processes that will be used to address this issue. To tackle the difficulties of global technology and its associated issues, legislation at the national, regional, and international levels must be harmonized. But when it comes to forensic labs, Nigerian law enforcement and cyber-security government organizations are different.

Through forensic examination of suspects' computer systems and other tools used to commit the crime, the Nigerian Police Force (NPF) and the EFCCassert that they can obtain evidence to support convictions. However, the NITDAconfirmed that, due to the lack of forensic laboratories, law enforcement authorities get evidence to support convictions using any method other than electronic evidence.

Odumesi[20] noted the following issues impeding Nigerian law enforcement agencies to effectively tackle cybercrime:

I. There is currently no legislation that effectively addresses the issues posed by technology, such as online crime and security breaches. Therefore, it is impossible to punish perpetrators when there are no laws (Legislation) to handle Internet criminality.

II. It has been challenging to identify and separate the actual criminal behavior that could be attributed to Nigeria on the Internet due to the lack of a national Internet gateway.

III. Inadequate infrastructure and national framework for managing and preventing electronic payment fraud and other cybercrimes. Therefore, the cost of system infrastructure cannot be borne by any one Nigerian law enforcement agency.

IV. The amount and scope of cybercrime damages in the nation are not sufficiently documented.

V. The Nigerian police and other law enforcement organizations lack a computerized forensic laboratory to look into and analyze cybercrime-related issues, and the officers themselves lack computer literacy.

VI. There is no centralized government organization that compiles and disseminates statistics on cybercrime in Nigeria's law enforcement authorities.

In order to comprehend cybercrime in Nigeria, the researcher employed four theories of crime. The results are as follows:

I. According to the structural-functionalism theory, the government should pass legislation and establish the institutional frameworks necessary to carry it out to reduce crime. Concerning Nigeria, the government requires the implementation of a cyberlaw to meet the dynamic nature of cybercrime and cybersecurity concerns.

II. Marxian theory adopts the stance that crimes are simply actions that go against the interests of the elite and that crime will end when capitalism does. Cybercrime is an attitude that many offenders adopt. They view it as a source of income in a challenging economic climate that mostly impacts foreigners. Based on the disposition of criminals, the theory still offers some insight into the causes of cybercrime and cybersecurity threats in Nigeria, despite the fact that the country is not a pure capitalist economy. The main reasons why criminals commit cybercrime are unemployment, deprivation, and the need to emulate the higher socioeconomic statuses of those they observe who do not have easily visible sources of income to support their wealth.

III. The routine activity idea states that crime will only be performed if a potential offender feels that a target is acceptable and a capable guardian is absent. It is their judgment of a scenario that decides whether a crime will take place. The hypothesis is pertinent to Nigeria as the inefficiency of indirect guardianship is a major factor in cybercrime activities, which in turn catalyzes such crimes. Additionally, the GIIis unrestricted and open, and the Internet's protocols are largely intended for data transport rather than data analysis. Therefore, Nigeria's glaring absence of cyberlaw and cyberpolicing would keep encouraging Nigerian cybercriminals' actions..

IV. A framework for comprehending all types of criminal activity, particularly those that are developing with the use of ICT, is provided by the theory of technology-enabled crime. With regard to Nigeria, the theory gives us a clear understanding of the new instruments and methods employed in cybercrime. Changes brought about by the globalization of business and the rise of new economies, advancements in information digitization, the pervasive use of broadband services, mobile devices, and wireless technology, the development of electronic payment systems, and modifications in how governments use technology to enable citizens to interact with government organizations. Along with advantages, these and other innovations also bring threats. Therefore, it should come as no surprise that Nigeria's GII presents chances for illicit activity such as online advance fee fraud, identity theft, financial/investment scams, phishing, job scams, and more.