Cyber-Crimes and the Boundaries of Domestic Legal Responses: Case for an Inclusionary Framework for Africa

As the world marches deeper into the unknown passageway of digital revolution, it is becoming apparent that the tremendous benefits of the internet age are being challenged by the formidable menace of cyber-crime, not the least in the African region. While African States vary in the degree to which their economies and peoples are affected by cyber-crime, there is no gainsaying the fact that the collective ability of African States to track and trace the source(s) of any criminal use of the internet or cyber-attacks on infrastructures, economies or individuals is central to the deterrence of such attacks as well as to long-term survival of these States. An acknowledged and concerted ability to respond to cyber-crimes, to track, trace and apprehend domestic and international cyber-criminals can forestall future attacks through fear of severe penalties. This paper highlights the general weakness or inertia of African States in curbing the menace of cyber-crimes and particularly draws attention to the inherent limitations and failures in current domestic legal responses to cyber-crime. Acknowledging the complex and often extraterritorial nature of cyber-crimes, this paper makes a case for a redefinition of the notion of sovereignty and its implications for the recurring decimal of cyber-crime against African economies and societies. Extrapolating from learned experiences around the world, this paper explores the trajectory of a regional normative initiative that would streamline and synergise the efforts of African States in responding to the phenomenon of cyber-crimes.