An Appraisal of the Law on Admissibility of Electronic Evidence in Civil Litigation in Nigeria

Abstract

Until 2011, when the current Evidence Act became operational in Nigeria, the repealed Evidence Act together with common law rules of evidence were the principal sources of Nigeria’s Law of Evidence from 1945 and 2011. When the Evidence Act 1945 was introduced, no provision was made for the use of electronic evidence in litigation because electronic devices were virtually non-existent. Electronic evidence has since assumed a prominent global position in the adjudication of disputes. Despite its merits, unlike traditional paper evidence whose alteration or manipulation is easily noticeable, electronic evidence can be altered or manipulated with ease. Section 84 of the Evidence Act, 2011 was introduced to regulate the authentication and admissibility of electronic evidence. This article examines the judicial attitude of Nigerian courts in civil litigation to section 84 of the Evidence Act, 2011 and finds that there has been a great level of inconsistency and disharmony in the application of the said provision. The article therefore makes a case for the introduction of a set of rules or guidelines to complement, in detail, the provisions of section 84 of the Evidence Act, 2011 to forestall a return to status quo prior to the introduction of the 2011 Act.