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An inquiry into the legal status of the ECOWAS cybercrime directive and the implications of its obligations for member states
An inquiry into the legal status of the ECOWAS cybercrime directive and the implications of its obligations for member states-2019 On 19 August 2011, the ECOWAS Council of Ministers adopted Directive C/DIR.1/08/11 on
Fighting Cybercrime at its Sixty Sixth Ordinary Session in Abuja, Nigeria. The adoption of
the Directive at that time arose from the need to tackle the growing trend in cybercrime
within the ECOWAS region, as some Member States were already gaining global notoriety
as major sources of email scams and Internet fraud. Accordingly, the Directive established a
legal framework for the control of cybercrime within the ECOWAS region, and also imposed
obligations on Member States to establish the necessary legislative, regulatory and administrative
measures to tackle cybercrime. In particular, the Directive required Member States
to implement those obligations “not later than 1st January, 2014 . This article undertakes
an inquiry into the legal status of the Directive as an ECOWAS regional instrument in the
domestic legal systems of Member States.
In this regard, the article examines whether the requirement regarding the superiority
or direct applicability of ECOWAS Community laws such as ECOWAS Acts and Regulations
in the domestic legal systems of Member States also apply to ECOWAS Directives such as
the Cybercrime Directive. The article also examines the legal implications of the Directive’s
obligations for Member States. The article argues that while some Member States have not
implemented the obligations under the Directive, that those obligations however provide
a legal basis for holding Member States accountable, where the failure to implement has
encouraged the perpetration of cybercrime that infringed fundamental rights guaranteed
under human right instruments such as the African Charter on Human and Peoples’ Rights
or under their national laws. Keywords: Cybercrime | Cybercrime directive | ECOWAS | Regionalism | Regional obligations | West Africa |
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