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

By

Author

Presented To

Department of Law

CRITICAL APPRAISAL OF THE RELEVANCY AND ADMISSABILITY 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.

TABLE OF CONTENTS

ABSTRACT TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: OBJECTIVES OF THE STUDY

1.3.0: FOCUS OF THE STUDY

1.4.0: SCOPE OF THE STUDY

1.5.0: METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: CONCLUSION

CHAPTER 2

DEFINITION OF EVIDENCE

2.0.0:  INTRODUCTION

2.1.0: AN APPRAISAL OF WHAT IS EVIDENCE

2.2.0: CLASSIFICATION OF JUDICIAL EVIDENCE

2.3.0: RELEVANCY AND ADMISSIBILITY

2.3.1: WHAT IS A FACT

2.3.2: WHAT IS FACT IN ISSUE

2.3.3: RELEVANT FACT

2.4.0: DESCRIPTION OF AFFIDAVITS; AFFIDAVITS AND EXHIBITS

2.5.0: CONCLUSION

CHAPTER 3

ELECTRONICALLY GENERATED EVIDENCE; AN EXAMINATION.

3.0.0: INTRODUCTION

3.1.0: EVIDENTIAL STATUS OF ELECTRONICALLY GENERATED EVIDENCE

3.2.0: ELECTRONICALLY GENERATED EVIDENCE AND ITS  ADMISSIBILITY

3.3.0: ELECTRONICALLY GENERATED EVIDENCE ADMISSIBLE  WHETHER   AS PRIMARY OR SECONDARY EVIDENCE
3.4.0: COMPUTER GENERATED EVIDENCE

3.4.1: ADMISSIBILITY OF COMPUTER PRINTOUT AS EVIDENCE

3.4.2: EVIDENCE OF THINGS SEEN THROUGH TELESCOPE AND    BINOCULARS

3.4.3: TAPES, MOVIES, TELEPHONE CONVERSATION, TELEFAX AND OTHER SOUND RECORDINGS AS EVIDENCE

3.4.4: HOW TO EXHIBIT ELECTRONICALLY GENERATED EVIDENCE AND WEIGHT ATTACHED TO IT

3.5.0: CONCLUSION

CHAPTER 4

CHALLENGES POSED TO THE ADMISSIBILITY OF ELECTRONICALLY

GENERATED EVIDENCE

4.0.0: INTRODUCTION

4.1.0: PROBLEMS AFFECTING THE ADMISSIBILITY OF ELECTRONICALLY GENERATED EVIDENCE

4.1.1: WAY OUT OF THE CHALLENGES

4.2.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION.

5.0.0: CONCLUSION

5.1.0: RECOMMENDATIONS

BIBLIOGRAPHY

ARTICLES IN JOURNAL

ARTICLES ON THE INTERNET

BOOKS