Criminal Matters and Admissibility of Electronic Evidence in Nigeria (original) (raw)
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Appraisal of Admissibility of Electronic Evidence in Legal Proceedings in Nigeria
Journal of Law, Policy and Globalization
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 It is in view of this development that in order to adopt the international best practice, the Evidence Act, 2004 was repealed and replaced with Evidence Act, 2011 to accommodate the admissibility of electronic generated documents before the Nigerian courts.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.
ISSUES IN ADMISSIBILITY OF COMPUTER GENERATED AND ELECTRONIC EVIDENCE IN NIGERIA.
2015
ABSTRACT The latter part of the twentieth century was marked by the invention of the electronic transistor and machines and ideas driven by it. Effectively, the world has changed from analogue to digital. There is an entire constellation of mostly wireless audio, video, communication and photographic devices together with the computer which corporate and physical entities rely on for record keeping, data storage, communication and ease of business generally. Due to rapid growth in technology, the use of electronic devices such as computers as storage and communication systems have risen greatly, especially in commercial and financial transactions in Nigeria and the world over and promotes ease of business. Recently, Nigeria recognised the need to amend its laws to accommodate evidence generated or obtained through the rather ubiquitous products of computer technology, this change is felt the most through the provisions of the Evidence Act, 2011. One of the fundamental innovations of the Evidence Act, 2011 is the provision for admissibility of statements in documents produced by computers. The admissibility of documents generally is a regular issue in Nigerian courts. Electronic and computer generated evidence now constitutes one part out of statutorily recognised forms and means of proof and has to as a result pass the required tests other forms of evidence are usually subjected to. Vital points can be proved through the use of electronically generated evidence in line with section 84 of the Evidence Act and other rules of Evidence. The work considers the problems posed to the admissibility of electronically generated evidence and the challenges bordering on relevance, authenticity, integrity, and confidentiality of such evidence and offers solutions to the problems or challenges that electronically generated evidence may likely be facing. The essence of this work is basically to give a detailed and sufficient analysis of the subject matter. As is now obvious, tendering and taking of computer generated or electronic evidence is inevitable in court proceedings and this work focuses on the issues in tendering of and admissibility of electronically generated evidence; its importance and effects on our judicial system. Recommendations shall be made on the importance, admissibility and potency of electronically generated evidence so as to help in quick dispensation of justice so as to reduce the time spent on arguing irrelevancies.
Electronic Evidence in Nigeria Examples of Electronic Evidence in Legal Proceedings in Nigeria
Electronic evidence is steadily assuming or has assumed a very important position in the adjudication of disputes or cases, be they criminal or civil. Anything done on the computer or the internet usually leaves traces or digital footprints which can serve as evidence in legal proceedings. Electronic evidence can therefore aid the investigation and solving of crimes by law enforcement agents. All this is possible because we are living in an age where most of the things we used to do manually are now done on computers, computer-like devices, or with the aid of computers and computer networks (such as the internet). For instance, using a debit card, the customer can use an Automated Teller Machine (ATM) to obtain access to their account, and to withdraw money anywhere in the world. With an internet-enabled cellphone, the customer can authorise the transfer of money to anybody anywhere in the world at any time, as well as making purchases using the same internet-enabled cellphone. This article will highlight the importance of electronic evidence and why the Nigerian lawyer, to be considered to be competent, ought to be sufficiently literate in the technical issues regarding electronic evidence so as to understand and make use of electronic evidence. The article will conclude by recommending the inclusion of a core course on electronic evidence in the curriculum of legal education in Nigeria.
ADMITING COMPUTER-BASED EVIDENCE IN NIGERIAN COURTS: ECHOES FROM THREE OTHER JURISDICTIONS
Use of computers and computer-related systems is fast replacing the traditional method of writing and documentation. Communication, financial transactions, voting, and even criminality, to say the least, find in computers an easy medium. The courts are therefore confronted with the challenges of technical advances, especially as they relate to the treatment of electronically generated evidence. No doubt, the question of admissibility of evidence in a court of law or tribunal is crucial to any trial, civil or criminal, as it can determine the outcome of a case one way or the other. How a court countenances or discountenances a particular piece of evidence is therefore of utmost significance. This paper seeks to examine the nature and extent of the conditionality for the admission of electronically generated evidence under the Nigerian Evidence Act 2011. The study compares its findings with similar provisions under Indian, South African, and English laws with a view to chatting the way forward for the improvement of Nigeria justice system.
2021
The advancements in Information and Communications Technology (ICT) have activated a global development in all the sectors of the world. Unfortunately, the Nigerian judiciary have not fully adopted the use of ICT in its administration of justice. The problem either stems from the non-existing comprehensive legal and institutional framework permitting the use of ICT, to the partial/non-application of electronics and modern information and communications technologies in our judicial institutions. Another great problem arises from the admissibility/inadmissibility of electronically generated evidence, and the lack of proof of its authenticity. The greatest of which is the fact that the INEC card reader is not admissible even as against the mischief it was meant to suppress. The consequences of all are loss of case files, delay in our justice system, caused by manual filing process; high volume of court records etc. The consequences of the inadmissibility of electronic card reader and other electronic evidence are the continuous strive of (electoral) irregularity and corruption. The aim of this work is to briefly highlight the state of the legal and institutional framework for the use of ICT in the Nigerian justice administration, viz-a-viz the admissibility of all electronic evidence with emphases on the electronic card reader machine. The methodology adopted in the work is doctrinal. This work therefore made a fundamental recommendation for a full capacity launching of the use of ICT in the administration of justice in Nigeria. This work in appraising the admissibility of all electronic evidence, made a case for the review of electoral laws to render the INEC card readers admissible. The work also made a case for a review of all the ICT enabling laws and for the strengthening of court institutions towards achieving a transition to into e-justice system in Nigeria.
THE USE OF ELECTRONIC EVIDENCE IN TRIAL ADVOCACY IN NIGERIA: BENEFITS AND CHALLENGES
UNIZIK LAW JOURNAL, 2019
For over half a century now, the world has experienced a radical advancement in the area of science and technology. It is indeed an era of unfathomable borderless electronic transactions and communications. This digital development has also redefined the pattern of legal proceedings in courts of law across the globe; and the law cannot fringe ignorance to this reality. The legal system has equally been affected by the omnipresence of technology which has affected virtually everything we do and fundamentally the way legal proceedings are conducted because information gathered from electronic devices now feature in our courts regularly. In order to catch up with global advancement, Nigeria has enacted legislations like the Evidence Act 2011, Cyber Crime Act 2015, and the Electoral (Amendment) Act 2017. These legislations make for admissibility of computer generated evidence. This article considers the history, conditions for admissibility and the scope of electronic evidence under the extant law, and posits that the provisions for admissibility of electronic evidence are laudable; however, the innovations are not bereft of challenges. These challenges are: the sui generis nature of electronic evidence, lack of detailed provisions or guidelines for the admissibility of electronically generated evidence, third party intervention, misunderstanding between weight and admissibility, and technicality attached to electronic evidence. This article considers similar provisions in other jurisdictions. This article concludes by proffering some realistic approaches for surmounting these lacunas that have now appeared to be a clog in the wheel of progress of this nascent innovation in our evidential jurisprudence.
Issues in Admissibility of Computer Evidence and Section 84 of the Evidence Act 2011
In the last 15 years, computers and other electronics have penetrated into our commercial and domestic life and this has had tremendous impact and practicalities to litigation and legal practice in Nigeria. Computers have capacity to store all sort of documents and this leaves much 'tell-tales traces'. Computers have to be searched for documents while their hard disks must be investigated to find those traces. Mobile phones leave their own traces in terms of calls (stored in computers at the offices of the GSM Network operators and sometimes in the cloud) and in terms of being able to show their own physical whereabouts. Lawyers have had to rethink what a 'document' is and how to go about 'disclosure of electronics documents, read emails in trials when their content is buried on a page full of disclaimers. This shows that lawyers and police investigators must come to terms with technology and its effect on their activities. Thus, this paper examines the adequacy of Section 84 of the Evidence Act 2011 which has to do with computer generated documents and reviewed the amended aspects by the Legislature. It adumbrates on forensic investigation vis-à-vis computer generated evidence and concludes that section 84 is inadequate to realise the objective of amending that aspect of the Evidence Act; it argues that the personnel (the police investigators, the lawyers and the judges) must be adequately trained. Besides, it is not all gabbages in the computer that could be relied upon, only those aspects that have passed the test of relevance should be relied upon in both criminal and civil matters by the law courts.
Electronic evidence is now admissible in Nigeria vide the Evidence Act 2011. Yet unresolved is the problem of authenticity of the electronic documentary evidence. Section 84 sets out the requirements for admissibility of certain types of computer-produced evidence. As part of the conditions of admissibility, the Act lays down minimum authentication requirements. However, the Act arguably only applies to evidence that would otherwise be excluded as hearsay and not to direct or real evidence. In such a case, the law contains no clear statements as to how that evidence should be authenticated. On hermeneutic and comparative approaches to English and Nigerian positions, the paper finds and argues that admissibility and authentication are separate issues, and that the failure to treat them independently gives rise to needless confusion. This failure also directs attention away from the urgent need for clear rules governing the authentication of computer evidence. It is therefore observed that the relevant provisions of the Act are due for review just on arrival. Without this review, a substantial obstacle to digital communication, data storage, e-commerce, diligent prosecution at the event of cybercriminality, for instance, shall have been inaugurated.