ADMISSIBILITY OF ELECTRONICALLY GENERATED EVIDENCE UNDER THE NIGERIAN EVIDENCE ACT, 2011: CHALLENGES AND PROSPECTS
Sunday John Apochi · Journal of Emerging Technologies and Innovative Research · 2021
The golden thread which runs through the gamut of admissibility of evidence is the relevance of the piece of evidence that is sought to be tendered. Evidence presented in court room during trial consist of different types of computer and electronic output, whether printed summary of credit card, telephone messages, audio messages, visual reconstruction of a motor accident, simulation of anticipated wear and tear on an industrial machine. These new forms of computer electronically generated evidence challenge the traditional rules of evidence in Nigeria. The major challenge has been the absence of a standard rules governing the admissibility of electronically generated evidence. As a result of this, there was the confusion as to whether electronic evidence should be classified as documentary evidence, real evidence or documentary evidence. Many countries of the world including Nigeria have move ahead beyond this predicament through legislative enactments of various laws governing the admissibility of electronically generated evidence in court, unfortunately, these rule of evidence in Nigeria has not completely resolved the challenges but have created a perplexity in the uncertainties and complexities of the conditions stipulated for admissibility of this type of evidence. This paper therefore, seeks to examine the various conditions germane which must be complied with for the admissibility of electronically generated evidence under the Nigerian evidence Act 2011 Laws of the Federation.