THE ADMISSIBILITY OF ELECTRONIC EVIDENCE UNDER THE NIGERIAN EVIDENCE ACT 2011

Abstract

This study undertakes a comprehensive examination of the admissibility of electronic evidence under the Nigerian Evidence Act 2011.The proliferation of digital technologies has necessitated a reevaluation of traditional evidence rules, yet the Nigerian legal framework has been slow to adapt. This research aims to address the knowledge gap in existing literature by investigating the challenges and prospects of admitting electronic evidence in Nigerian courts. A qualitative research methodology is employed, involving a critical analysis of relevant statutes, case law, and academic literature. The study examines the provisions of the Nigerian Evidence Act 2011 as amended in 2023 and their application in court decisions. It also explores the implications of electronic evidence on the administration of justice in Nigeria. The findings of this study reveal that the admissibility of electronic evidence in Nigeria is hindered by issues of authenticity, reliability, and procedural complexities. The study argues that the Nigerian Evidence Act 2011 provides an inadequate framework for the admission of electronic evidence, necessitating the development of supplementary guidelines and protocols. This research contributes to the ongoing discourse on the intersection of technology and evidence law, highlighting the need for a more nuanced understanding of the challenges and prospects of electronic evidence in the Nigerian legal system. The study's recommendations for reform and development of best practices have implications for the administration of justice in Nigeria. The study's conclusions are based on a thorough analysis of the data collected, and the recommendations are designed to address the challenges identified in the study. The study's findings and recommendations will be of interest to legal practitioners, academics, and policymakers seeking to understand and improve the admissibility of electronic evidence in Nigeria.