Cybercrime Prosecution and The Nigerian Evidence Act, 2011: Challenges Of Electronic Evidence

Authors

  • Dr. Felix E. Eboibi

Abstract

This paper argues that the emergence of modern technological landscape brought about by developments in Information and Communication Technology has provided a platform for cyber criminality. The successful prosecution of cyber criminals presupposes the utilization of electronic evidence since their criminal activities are perpetuated with the aid of computer and internet. In this vein, the recent enactment of the Nigerian Evidence Act, 2011 which allows the admissibility of electronic evidence is applauded. However, this paper further argues that the increasing dangers to the integrity, availability, confidentiality, authenticity, and authorship of electronic documents and the lack of knowledge and training of cybercrime investigators, prosecutors and judicial officers have caused a great deal of concern regarding the risks and constraints for judicial admissibility of electronic evidence.

Introduction

The prevalence of criminality through the medium of internet, cyber space, and information and communication technology was regarded as science fiction in Nigeria a few years ago, but today, the Nigerian society is grappling with the realities of the menace of cyber criminality in the 21st Century. It is obvious that the reliance on computers in Nigeria has grown exponentially

Author Biography

Dr. Felix E. Eboibi

* Dr. Felix E. Eboibi, Lecturer, Faculty of Law, Niger Delta University, Wilberforce Island, Nigeria.

– Being a revised version of paper presented at the 2013 International Digital & Mobile Forensics Conference @ Public Service Institute of Nigeria, Abuja, Nigeria, 12th - 14th Nov., 2013.

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Published

2011-09-01