Critical Appraisal of the Relevancy and Admissibility of Electronically Generated Evidence in Nigeria
CHAPTER ONE
OBJECTIVES OF STUDY
The purpose of this work is to principally examine in full spotlight electronically generated evidence, what the effects are, what the Nigeria situation is as against what is the academic view. It will also examine the introduction of technology in our court system and its legal effect with emphasis on the admissibility of such evidence.
Many countries recognize the usefulness and ubiquity of computer technology by amending their laws to accommodate evidence obtained from such technologically advancement.
It is aimed that adequate recommendations can be made on the importance, admissibility and potency of electronically generated evidence so as to help in quick dispensation of justice so that little time would be wasted debating on irrelevancies.
CHAPTER TWO
DEFINITION OF EVIDENCE
INTRODUCTION
First and foremost, it is important to recognize the law of Evidence as a course that is very logical and technical. It is you need as for as the practical aspect of law is concerned. Evidence can be the mother and father of procedure as it comes in from the day a case is set down for trail. It is the mastery of the rules of evidence, which is the process of bringing forth proof. Without a good and proper knowledge of the principles of evidence, confusion sets in when a lawyer appears in court[1].
AN APPRAISAL OF WHAT IS EVIDENCE
The law of Evidence is undoubtedly and without exaggeration one of the most important law subject. This is because in the conduct and determination of the court, the rule of evidence where the prominent rule is that they determine which facts are legally admissible and the legal means of attempting to establish both facts[2]. Generally, where a litigant goes to court, the court by the rules of substantive and procedural law has to conduct an enquiry into the facts of the case, draw inferences from those facts and in addition listen to the legal argument of the truth; its primary objective is that the court discovers the truth in order to attain justice[3].
Although there is no axiomatic definition of the concept of Evidence as the subject matter of evidence connotes different meanings to different author and jurist who have set down various definitions of the concept of evidence.
According to phibson evidence means “the testimony whether oral, documentary or real, which may be legally received in order to prove or disprove some facts in dispute”
Cross state that evidence is “the testimony, hearsay, documents, things and facts which a court will accept as evidence of facts in issue in a given case”.
Nukes defined judicial evidence as “evidence received by court of justice in proof or disproof of facts, the existence of which becomes a question before them”[4].
The Nigerian authors defined evidence along the same line with the foreign authors.
Akintola Aguda stated as follows “Judicial evidence is the means by which facts are proved but excluding inferences and arguments. It is common knowledge that a fact can be proved by the oral testimony of person who perceived by the fact or by the production of documents or by the inspection of things and places. All these come within the meaning of judicial evidence. He says further that the list can be extended to include other such means of proving a fact as admission, judicial notice, presumption and estoppel[5].
CHAPTER THREE
ELECTRONICALLY GENERATED EVIDENCE; AN EXAMINATION.
INTRODUCTION.
Although many Nigeria authors and writers believe that the absence of specific provisions of the Evidence Act on the admissibility of computer and other electronically, generated evidence makes such evidence inadmissibility, in or by Nigeria courts, a peep into some cases decided by superior courts of record in Nigeria and even some provisions of the Evidence Act will show that such evidence is admissible in Nigeria, save in limited cases, like admissibility of computer printouts, of banker’s statements, under section 97 of the Evidence Act.
For instance, Yemi Osinbanjo [1]believes, amongst other things, that computer printouts are not original. He also disputes[2] with some English decisions, even based on statutory provisions, that computer-generated evidence is “real evidence”.
In addition, computer and electronically generated evidence will be admissible in Nigeria under the provisions of the Evidence Act relating to relevancy. Hence, if such computer or electronically generated evidence is relevant to the facts in issue of a particular case, they will be admissible in evidence without much ado.[3]
Finally, not all rules of evidence acted upon by the courts of law in Nigeria, which rules have come to be settled law, can be found in the Evidence Act or any other legislation in Nigeria. Thus, rules like admissibility of documents marked “without prejudice”, the presumption that a person intends all the natural consequences of his act; the doctrine of res ipsa loquitor; admissibility of statements under the res gestae doctrine, etc, cannot be found in the Nigeria Evidence Act.
CHAPTER FOUR
CHALLENGES POSED TO THE ADMISSIBILITY ELECTRONICALLY OF GENERATED EVIDENCE
INTRODUCTION
Electronically Generated Materials has faced a lot of challenges lately. This is due to the problem inherent in Electronic gadget. It has not been able to impose its confidence in a lot of people because it can be accessible either legitimately or illegitimately by a third party. It can be hacked and this can affect its integrity and authenticity.
This chapter shall therefore, explain the challenges that Electronically Generated Evidence is posed to and the way out of those challenges to make materials generate through electronic means appealing to individuals and also admissible in out court.
PROBLEMS AFFECTING THE ADMISSIBLITY OF ELECTRONICALLY GENERATED EVIDENCE
By their very origin and nature of transmission, storage and usage, electronically generated evidence pose certain challenges when used in evidence, particularly affidavit evidence[1]. Problems bordering on the admissibility, of electronically generated materials have been identified as Authenticity, integrity and Confidentiality of the piece of evidence.
CHAPTER FIVE
GENERAL CONCLUSION.
CONCLUSION
This work has elucidated and made an x-ray on the position of electronically generated evidence as well as its admissibility under or status of electronically generated evidence is hanging in the balance i.e. uncertain. Electronically generated evidence has no express provision relating to it under the evidence Act.
However, provisions dealing with the admissibility of document are well elucidated in the evidence Act. The bold steps token by the judiciary in judicial pronouncement is highly commendable; certainly our courts cannot sit back and watch the mysteries of computer technology without taking judicial notice thereof. The challenges facing electronically generated evidence as regards their admissibility has been analysed and the problems pose to the courts in the way forward. What the litigants can do is to keep close vigilante to documents intended to be adduced by either of the adversary.
It is my humble view that the Nigerian courts and the world should at least give liberal interpretation, to the admissibility of electronically generated evidence, if the law is to be relevant and useful at this computer age of information technology in order to enhance and strengthen judicial activities. In Esso with section 37 of the evidence Act hold that the law cannot be and is not ignorant of modern business methods and must not shut its eyes to the mysteries of the computer.
Therefore, electronically generated materials have as it were, become indispensable in life and business and it is extremely commendable that the court now admit and act on them in relevant cases. It will be wrong to argue that they should be excluded from evidence because they may sometime unscrupulous parties.
RECOMMENDATION
As a result of the absence of express provision in respect of electronically generated evidence, it has forced the courts to find ways of sneaking this specie of evidence in but with little or no success. It is in this regard that I tender my recommendation.
It is hoped that if information technology make new devices available, Nigeria courts would confirm their admissibility at the earliest opportunity. This streak of judicial activism in the face of legislative inertia in a dizzyingly dynamic age should continue. In addition, the judges also have a role to play. They don’t have to lag behind in the course of Global technological advancemen5t being witnessed presently in the world. Therefore, the judges must not allow life and business of the courts to be stifled by the insensitivity of electronic evidence in which they have little o. no knowledge about.
All said and done, there is an urgent need for the national Assembly to give quick attention to the evidence Bill, 1998 and other revised version that may soon be presented to it. Such a new legislation should incorporate necessary modifications. In the light developments that have taken place since the Bill’s drafting in the second half of the 1990’s. statutory reform is the far better way of providing for the specific peculiarities of each of the kinds of bred by information technology. Some of them like e-mails, electronic funds transfers especially through the use of personal identification Numbers (PIN), and even the run-off-the- mill computer typesetting and book keeping are very susceptible to manipulations and fraud which need to be specifically provided for.
REFERENCES
- Nwogu K.C ‘Affidavit Evidence, An Imperative in the Dispensation of Justice’ (2005) 5 UNIZIK Law Journal 1
- Ochem C.E ‘The Relevance and Admissibility of Electronic Evidence in the legal system’ (2009) 8 Igbinedion Univ. L.J
- Akintola A.L & Adedeji A.A. Nigerian Law of Affidavit Evidence (Law house books, Port Harcourt, Nigeria, 2004)
- Aguda T. The Law of Evidence in Nigeria (Spectrum Law Pub. Ltd, Ibadan 1989) Ijaiya N.A.O Lecture Notes on Evidence (University of Ilorin, Kwara State,Nigeria 2009/2010)
- Nokes G.D. An Introdcution to Evidence, 4th ed. (Sweet MAxwel, London 1976)
- Sebastine T.H. Law of Evidence in Nigeria (Pear/Publishers, Port Harcourt, 2006)
- Widdison R. Electronic Law Practice. An Exercise in Legal futurology. (Sweet and Maxwel, London 1996).
