ELECTRONIC EVIDENCE IN CYBERCRIME PROSECUTIONS IN NIGERIA: AN APPRAISAL OF THE LEGAL FRAMEWORK, JUDICIAL APPROACHES AND EMERGING CHALLENGES

Abstract

The rapid digitization of criminal activities has made electronic evidence central to the administration of criminal justice in Nigeria. With the enactment of the Evidence Act 2011 (as amended in 2023) and the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act 2024, the Nigerian legislature sought to establish clear pathways for the admissibility and utilization of digital proof.  However, the practical application of these statutory regimes in cybercrime prosecutions reveals systemic hurdles. Prosecutors frequently encounter barriers relating to the strict interpretation of certification requirements, fragile forensic custody chains, technological deficits within law enforcement agencies, and the complexities of cross-border data retrieval. This article conducts a critical appraisal of this legal framework, examining the statutory provisions of Section 84 of the Evidence Act 2011 alongside evolving judicial interpretations. Employing a doctrinal methodology, the paper analyzes the judicial insistence on strict compliance with certification protocols and contrasts local challenges with developments in India and the European Union. The paper finds that the current framework is overly rigid in its certification demands and structurally unequipped for cloud-based and decentralized digital environments. It recommends legislative amendments to Section 84 to accommodate third-party digital custodians, the institutionalization of standard forensic operational procedures, and the fast-tracking of international mutual legal assistance treaties.