ADMISSIBILITY OF ELECTRONICALLY GENERATED EVIDENCE IN NIGERIA: HISTORY, CHALLENGES, AND PROSPECTS

Y. F. Oluwajobi(1), Emmanuel Ayokanmi Fatimehin(2),


(1) Faculty of Law, Redeemer’s University, Akoda-Ede
(2) 
Corresponding Author

Abstract


The admissibility of electronic evidence in Nigerian courts is fairly new and came with attendant challenges and prospects. The challenges are probably due to the total exclusion of its admissibility by the Evidence Act prior to 2011 and misunderstanding of the import of the rules. In 2011, the new Evidence Act was enacted and enabled the admissibility of electronically generated evidence. This study reviewed the history, challenges and the prospects of admissibility of electronic evidence in Nigerian courts. The study adopted doctrinal legal research approach with primary and secondary sources of law such as statutory authorities including the Evidence Act 2011.The study found out that the Evidence Act failed to address the vulnerability of electronic records and other challenges of modern technological usages. In addition, the study also discovered that while the Evidence Act had addressed some of the pertinent issues on admissibility of electronic evidence, there are still many unresolved issues on electronic evidence. The study concluded by recommending that there are needs for reforms of the laws governing electronic evidence in order to meet international best practices.

Full Text: PDF

Article Metrics

Abstract View : 417 times
PDF Download : 2953 times

Refbacks

  • There are currently no refbacks.