ADMISSIBILITY OF ELECTRONIC EVIDENCE IN CRIMINAL TRIALS IN NIGERIA AND THE CHALLENGES OF NEW CRIMES

Abstract

There is no doubt that computers now dominate the world. Little wonder then, the current age has been variously described in like terms as “computer age”, “digital age”, “electronic age”, or “information and communication technology age”. The fact remains however, that computer, in its pre-eminence, has not abrogated statutes. We still live in the age of statutes. By their nature, statutes require updates from time to time, to meet up with societal changes and advancements. The Law of Evidence like every other aspect of law is dynamic. Its dynamism goes hand in hand with evolving nature of modern information and communication technology. This work traces the evolutionary trend of electronic evidence in Nigeria. It acknowledges the law on the subject matter as it was in its near zero tolerance for electronic-generated evidence. It celebrates the eventual arrival of the over delayed enactment of the Evidence Act, 2011 and its bold provisions for admissibility of electronic evidence by the courts. The work identifies the challenges new crimes pose to the bold provisions of the Act accepting electronic evidence as part of the body of laws in force in Nigeria. The article concludes with a bold, revolutionary recommendation for the utility and future of electronic evidence in Nigeria.