THE ROLE OF DIGITAL EVIDENCE IN LEGAL PROCEEDINGS: ADMISSIBILITY AND CREDIBILITY
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Abstract
The digital revolution has fundamentally transformed the landscape of evidence in legal
proceedings worldwide, with Nigeria taking a decisive step forward through the Evidence
(Amendment) Act 2023. This research examines the evolving role of digital evidence in
Nigerian courts, focusing on the critical issues of admissibility and credibility within the
framework of the newly amended Evidence Act. The study addresses the transformative
impact of sections 84A-84D, which revolutionized how electronic records, digital signatures,
and computer-generated documents are treated in judicial proceedings. Prior to the 2023
amendments, Nigerian courts grappled with significant challenges in authenticating and
admitting digital evidence under the restrictive provisions of Section 84 of the Evidence Act
2011. The landmark case of Atiku Abubakar v. Muhammadu Buhari exemplified these
challenges, where the Supreme Court struggled with the admissibility of electronic voting
records and server-generated data. This research investigates how the Evidence (Amendment)
Act 2023 addresses these longstanding issues while establishing new standards for digital
evidence credibility. The study employs doctrinal analysis, comparative jurisprudence, and
empirical research methodologies to examine the practical implications of Nigeria's
modernized digital evidence framework. Key findings reveal that while the 2023 amendments
significantly enhance the admissibility of electronic records, challenges remain in ensuring
credibility, particularly regarding authentication protocols and technical expertise
requirements within the judiciary. This research contributes to legal scholarship by providing
the first comprehensive analysis of Nigeria's reformed digital evidence regime, offering
practical guidance for legal practitioners, and proposing recommendations for effective
implementation of the new legislative framework.
proceedings worldwide, with Nigeria taking a decisive step forward through the Evidence
(Amendment) Act 2023. This research examines the evolving role of digital evidence in
Nigerian courts, focusing on the critical issues of admissibility and credibility within the
framework of the newly amended Evidence Act. The study addresses the transformative
impact of sections 84A-84D, which revolutionized how electronic records, digital signatures,
and computer-generated documents are treated in judicial proceedings. Prior to the 2023
amendments, Nigerian courts grappled with significant challenges in authenticating and
admitting digital evidence under the restrictive provisions of Section 84 of the Evidence Act
2011. The landmark case of Atiku Abubakar v. Muhammadu Buhari exemplified these
challenges, where the Supreme Court struggled with the admissibility of electronic voting
records and server-generated data. This research investigates how the Evidence (Amendment)
Act 2023 addresses these longstanding issues while establishing new standards for digital
evidence credibility. The study employs doctrinal analysis, comparative jurisprudence, and
empirical research methodologies to examine the practical implications of Nigeria's
modernized digital evidence framework. Key findings reveal that while the 2023 amendments
significantly enhance the admissibility of electronic records, challenges remain in ensuring
credibility, particularly regarding authentication protocols and technical expertise
requirements within the judiciary. This research contributes to legal scholarship by providing
the first comprehensive analysis of Nigeria's reformed digital evidence regime, offering
practical guidance for legal practitioners, and proposing recommendations for effective
implementation of the new legislative framework.
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