Admissibility of Computer-Generated Evidence Under Nigeria's (New) Evidence Act, 2011

Abstract

Computers and other electronic information and communication devices represent a new millennium in the age of technology development. The advent of computers brought with it a new form of record keeping in software - microfilms, microchips, diskettes, flash drives - that are not by any means within the former understanding of the word ‘documents.' However, tendering computer-generated evidence is often as contentious and acrimonious as the underlying litigation itself, with the party opposing such evidence usually relying on the hearsay rule, among other forms of objections under the old Evidence Act, to prevent its admission.This article examines the relevance and conceptual analysis of sections of the new Evidence Act, 2011 under which computer-generated evidence can be admissible in evidence as well as the conditions to be fulfilled under each section. The article concludes by suggesting further steps that can create room for other forms of electronic or computer-generated evidence in Nigerian courts.