Appraisal of Admissibility of Electronic Evidence in Legal Proceedings in Nigeria

Abstract

The use of computers in Nigeria has grown exponentially in the last decade. Financial transactions, communication systems, modern automobiles and so on depend on computers. It is now an electronic age where daily transactions are conducted on the platform of electronic devises. In the event of disputes, parties are bound to rely on electronic evidence. It is in view of this development that in order to adopt the international best practice, the Evidence Act, 2004 was repealed and replaced with Evidence Act, 2011 to accommodate the admissibility of electronic generated documents before the Nigerian courts. The focus of this paper is to examine the prominent provisions of the Act relating to admissibility of electronic evidence. It will equally appraise the proof of conditions for admissibility of computer generated evidence, admissibility of electronic evidence in legal proceedings in Nigeria and challenges in determining the probative value of electronic evidence. The paper concludes that the provisions of the Evidence Act, 2011 on electronic proofs are largely inadequate and therefore, there is the need to understudy other jurisdictions in order to adequately confront the challenges facing admissibility of electronic evidence in Nigeria.

Keywords: keywords, admissibility, appraisal, document, electronic, evidence, hearsay

DOI: 10.7176/JLPG/92-01

Publication date: December 31^st 2019