Admissibility of Electronically Generated Evidence in Nigeria: History, Challenges and Prospects
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Date
2024
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Redeemer's University Law Journal
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.
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RUNLAWJ