THE APPRAISAL OF THE RELEVANCY AND ADMISSIBILITY OF ELECTRONICALLY GENERATED EVIDENCE IN NIGERIA

Student: Blessing Mmesoma Agu
Supervisor: Mr Nnaemeka Amadi
HOD: Prof Obinna Boniface Okere
Department of Law
Law
Godfrey Okoye University, Ugwuomu-Nike, Enugu, Enugu State

Abstract

There is no gain saying the fact that, the world is undergoing a significant transformation due to the fast rising advancements in technology and the widespread use of the internet in contemporary times. In line with this, Nigerian courts now recognize evidence generated through these technological means, as guided by section 84 of the Evidence Act. However, this research idenfies challenges arising in the admissibility of electronically generated evidence; as there is no clear procedure laid down to demonstrate that the established criteria for its admissibility are fulfilled. This gives rise to concerns about its authenticity, credibility, and other related issues. To address these issues, this research thoroughly examines section 84 of the Evidence Act, shedding light on its limitations and ambiguities. The research disects the concept of admissibility of evidence throwing more light on electronically generated evidence. Utilizing the doctrinal method of research, the study identifies the challenges associated with the admissibility of electronically generated evidence in Nigeria, based on the analysis of this particular section of the Act. The research reveals that numerous controversies surround the subject matter of electronic evidence admissibility, primarily due to the section's ambiguous nature that allows for its admissibility. As a possible solution, amending the provisions of the law governing the admissibility of electronic evidence is suggested. Such amendments could clarify the criteria for its admissibility, leading to a more efficient and just handling of electronically generated evidence in Nigerian courts.

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