Abstract
The development of information & communication technology has left the Nigerian polity to the application of technology infrastructure to daily activities. In essence, disputes arising from these activities may ordinarily not be effectively settled without applying electronic evidence in proceedings before the courts. The skills and knowledge of electronic evidence require the ingenuity of forensic experts or examiners for the purpose of bridging the gap that may arise in the mind of the courts. Does the Nigerian Law accept forensic expert evidence? Is every evidence expert evidence? Are there set down conditions before the courts for forensic expert evidence to be accepted or applied to proceedings before the courts? What nature of cases requires forensic evidence? This paper will demonstrate how information and communication technology has resulted in the application of digital devices by Nigerians and the nature of the impact it has . Keywords: Digital Forensics Evidence, Forensics Examiners, Digital Forensics Experts, Law, Judicial application DOI: 10.7176/JLPG/96-08 Publication date: April 30 th 2020
Highlights
The global advancement of information and communication technology (ICT) has resulted in the use of the computer, internet, e-mails, Facebook and social media in general in daily activities ranging from commercial services, research, online advertisement/marketing, electronic communication, online shopping, and news platforms to online banking
Www.iiste.org analyzing types of data from different devices, which specialists interpret to serve as legal evidence"1 is acceptable in the Nigerian Courts and not regarded as opinion evidence. It means that digital forensic evidence emanating from handwriting, computer, deoxyribonucleic acid (DNA), mobile phone, fingerprints analysis sought to be presented in court by digital forensic experts are allowed
5.Conclusion This paper shows how information and communication technology has resulted in the application of digital devices by Nigerians and the nature of the impact it generally has
Summary
The global advancement of information and communication technology (ICT) has resulted in the use of the computer, internet, e-mails, Facebook and social media in general in daily activities ranging from commercial services, research, online advertisement/marketing, electronic communication, online shopping, and news platforms to online banking. Www.iiste.org analyzing types of data from different devices, which specialists interpret to serve as legal evidence" is acceptable in the Nigerian Courts and not regarded as opinion evidence It means that digital forensic evidence emanating from handwriting, computer, DNA, mobile phone, fingerprints analysis sought to be presented in court by digital forensic experts are allowed. In arriving at her judgment, the Supreme Court took into consideration the handwriting forensic evidence given by the Prosecution Witness 4(PW4), a handwriting analyst, to the effect that “upon a comparison of the specimen signature of the appellant with the signature on the cheque leaf exhibit 'B' stated that exhibit 'B' bore the signature of the appellant.”4 This is despite the appellant’s testimony in defence denying issuing and signing the specimen cheque, exhibit 'B' on the ground that she lost her cheque book sometime in 1981 and reported the loss to the bank in writing sometime in 1982. He said there was a stain on the shirt of the defendant, it was subjected to three (3) stages of test he said: i
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