CRITICAL APPRAISAL OF THE RELEVANCY AND ADMISSABILITY OF ELECTRONICALLY GENERATED EVIDENCE IN NIGERIA

CRITICAL APPRAISAL OF THE RELEVANCY AND ADMISSIBILITY OF ELECTRONICALLY GENERATED EVIDENCE IN NIGERIA

ABSTRACT
In an attempt to address this fundamental issue regarding the admissibility of electronically generated evidence, recourse shall be paid had to the word evidence itself. Evidence is the means by which facts are proved excluding inferences and arguments. There are times in court when we desperately need to rely on evidence in order to prove a very vital point or issue in court. This point can be proved through the use of electronic generated documents which are believed to be in line with section 97 of the evidence act. Due to growth in technology, the use of electronic device such as computer printout, storage and communication system have risen sharply, especially in commercial and financial transactions in Nigeria and the world over which makes business communication greater in use. It would therefore be wrong for these electronic devices not to be accepted in court, if it has been valued and accepted all over the world. The thesis considers the problems posed to the admissibility of electronically generated evidence and the challenges bothering on authenticity, integrity, and confidentiality of the evidence and offers solutions to the problems or challenges that electronically generated evidence is facing. The essence of the foregoing is basically to give a detailed and sufficient analysis of the subject matter. As we know tendering and taking of evidence is inevitable in court proceedings and this thesis is set to focus on the electronically generated evidence; its importance and effect in our judicial system.

CHAPTER ONE
GENERAL INTRODUCTION
1.0.0: INTRODUCTION
1.1.0: BACKGROUND TO THE STUDY
The convergence of information technology and communication is rapidly changing the way transactions and relationships are carried out in the world over . Almost every aspect of business is contingent on electronic communications and transactions are settled, recorded and reported on complex computer technology platforms. The use of computers and other forms of electronic storage and communications systems has risen sharply in commercial and financial transactions in Nigeria .Cases of electronic evidence have been decided in many courts in various countries. These cases evolved and emerged when technology develops and people started using the technology to store information or data electronically. Computer is one of the technologies used to store data and information. This data may later be retrieved for specific purposes. Therefore digital evidence or electronic evidence in any probative information stored or transmitted in digital form that a party to a court case may use at trial. Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required. The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mail, digital photographs, ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks, and digital video or audio files .
In order to ensure justice in its judicial system, Islam has laid down golden principles of evidence. The evidence in a broad sense is anything that proves or disproves the fact disputed in court. The main aim of the evidence in Islam is that an innocent must not be punished and a guilty must not escape punishment in criminal cases and compensation in civil matters4.

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CRITICAL APPRAISAL OF THE RELEVANCY AND ADMISSIBILITY OF ELECTRONICALLY GENERATED EVIDENCE IN NIGERIA