EXAMINING THE ADMISSIBILITY OF ELECTRONICALLY GENERATED EVIDENCE IN THE ADMINISTRATION OF JUSTICE IN NIGERIA

ABSTRACT

This research examines the admissibility of electronically generated evidence in the administration of justice in Nigeria. Evidence plays an important role in the administration of justice and the protection of citizens’ rights. Without evidence, cases may be delayed, thereby denying justice and this consequently infringes on the rights of the individual. Due to the enormous growth in electronic correspondences, electronic writings otherwise known as e-evidence have evolved into a fundamental pillar of justice in today’s society. Electronic communication has revolutionized how the world does business, learns about and shares news. Most legal systems have therefore adopted new rules via specific legislation or judicial interpretations to accommodate and reflect the unique nature of electronic evidence. This research adopts the doctrinal methodology. Finding reveals that there is no doubt that the Evidence Act, 2011 has fully recognized the admissibility of computer generated evidence and it partly resolves reliability and admissibility of computer record although there are issues which need more responses to ensure smooth practice of the new regime. It also shows that the judiciary themselves might be able to rescue litigants from some of the problems created in the process of tendering of evidence at trials. The Act did not provide for the reception of testimony of data entry operators who entered the information. It recommends that it is imperative that the law should give industry and commerce clear guidance on how to make their records acceptable in the courts, and it concludes that as technology develops, evidential practice will need to be evolved to accommodate it.