Computer-Related Evidence In Nigeria: Has The New Evidence Act Cured The Old Defects

Abstract

This article discusses two major defects in the Nigerian law of evidence as it existed before the enactment of the Evidence Act 2011. First, the former Evidence Act did not make provision for the admissibility of computer-related evidence despite the existence of computer before the Act. Courts faced with such evidence either admitted it or rejected it depending on their interpretation of extant provisions of the law. Secondly, it was unclear whether computer-related evidence was primary or secondary documentary evidence. Case law appeared to have treated it as secondary evidence though there was room for deciding otherwise. The Evidence Act 2011 now provides for the admissibility of this type of evidence. It also provides that where a number of documents are produced by a uniform process from a computer, each shall be taken as primary evidence of the contents of the rest. The present Act seems to have cured the two defects. However, the article argues that there are still lingering problems. This is because the admissibility provision applies to computer-generated paper evidence specifically, instead of computer-related and electronic evidence generally. And by the meaning of primary evidence, a sole document produced by a computer can only be secondary evidence. The article therefore concludes that the old evidential defects on admissibility and classification of computer-related evidence have not been completely cured by the Evidence Act 2011.¹