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ABSTRACT
Due to the exponential growth in technology, the use of electronic devices such as computer printout, storage and electronic communication systems have risen sharply, especially in commercial and financial transactions in Nigeria and the world over which makes electronic communication greater in use. This phenomenal has given rising to the issue of the admissibility of the computer/electronically generated evidence in Nigeria. Prior to the enactment of the Evidence Act, 2011 there were conflicting decisions of the superior courts on the admissibility of documents produced by electronic means. With the enactment of that law, specific rules of admissibility of electronically generated evidence were provided for in section 84 of the Evidence Act 2011. Despite, the provisions of the Act, there are still issues and conflicting decisions on the nature of electronically generated evidence and the required level of compliance with the provisions of Section 84 before electronic evidence can be admitted in Evidence. These issues have led to most electronic evidence being rendered inadmissible in court. In the most recent case on the subject, the court had to review what amount to electronic evidence and when the provisions of the Act should be applicable. In utilising the doctrinal research methodology, this study appraises the nature of electronically generated evidence under the Nigerian Law and the extent to which computergenerated evidence is made part of admissible evidence under the Evidence Act 2011, and argues that the provisions for admissibility of electronic evidence are laudable; however, the innovations are not bereft of challenges, as electronic evidence as still rendered inadmissible in court on ground of technicality. Lastly, the work reviews the decision of the supreme court in the case of A.G. Federation v Anuebunwa and the effect of the decision on the nature and admissibility of electronic evidence in Nigeria.
