Law of Evidence at Nigeria
Nigeria's Evidence Act, 2011 serves as the foundational legal framework governing the admissibility and handling of evidence in judicial proceedings. Recognizing the rapid advancements in technology, the Nigerian government enacted the Evidence (Amendment) Act, 2023, which President Bola Ahmed Tinubu assented to on June 12, 2023. This amendment aims to modernize the legal system by integrating contemporary technological developments into the realm of evidence law. (The Evidence (Amendment) Act 2023: How Has The Law Changed?)
🧾 Key Features of the Evidence (Amendment) Act, 2023
1. Introduction of Electronic Records
The amendment expands the definition of "document" to encompass "electronic records," which include data, records, images, or sounds stored, received, or sent in electronic form or microfilm. This change aligns Nigerian law with global standards, facilitating the admissibility of electronic records in judicial proceedings without the need for further proof or production of the original, provided certain conditions are met. (Nigerian Evidence Law Accommodates Technological Advancements)
2. Admissibility of Computer-Generated Evidence
The Act allows electronic records stored, recorded, or copied in optical or magnetic media or cloud computing databases produced by a computer to be considered documents. These records are admissible in court without further proof, provided they meet specified conditions. (Nigerian Evidence Law Accommodates Technological Advancements)
3. Recognition of Digital and Electronic Signatures
The amendment introduces provisions for the recognition of digital signatures, alongside existing electronic signatures. It establishes criteria for the authentication of digital records through these signatures, emphasizing the reliability of the authentication technique used. The burden of proving the authenticity of a digital signature lies with the party making the claim. (A Review of The Evidence Act (Amendment) Act, 2023A Leading Commercial & Dispute Resolution Law Firm in Nigeria, The Evidence (Amendment) Act 2023: How Has The Law Changed?)
4. Electronic Affidavits and Audio-Visual Oath-Taking
Sections 108, 109, and 110 of the Principal Act have been amended to permit affidavits to be deposed to electronically or through audio-visual means before authorized officers. These electronic affidavits are now recognized as valid evidence in court, provided they are properly filed and authenticated. (A Review of The Evidence Act (Amendment) Act, 2023A Leading Commercial & Dispute Resolution Law Firm in Nigeria, The Innovations introduced by the Evidence Act (Amendment) Act, 2023)
5. Introduction of Electronic Gazette
The Act defines "Electronic Gazette" as an official gazette published in electronic form. It stipulates that any rule, regulation, or notification required by law to be published in the Federal Government Gazette is deemed to have been fulfilled if published in the Electronic Gazette. (A Review Of The Nigerian Evidence (Amendment) Act 2023 - Constitutional & Administrative Law - Government, Public Sector - Nigeria)
⚖️ Implications and Impact
The amendments introduced by the Evidence (Amendment) Act, 2023, signify a substantial shift towards integrating technology into Nigeria's legal processes. By recognizing electronic records, digital signatures, and facilitating electronic affidavits, the Act enhances the efficiency and accessibility of the judicial system. These changes align Nigeria's evidence laws with international best practices, fostering a more transparent and accountable legal environment. (Nigerian Evidence Law Accommodates Technological Advancements, The Innovations introduced by the Evidence Act (Amendment) Act, 2023)
📚 Further Reading
For a comprehensive understanding of the Evidence (Amendment) Act, 2023, you can refer to the following resources:
The Nation Newspaper: An overview of provisions of Evidence (Amendment) Act, 2023
Afriwise: Nigerian Evidence Law Accommodates Technological Advancements
MSolicitors: The Evidence (Amendment) Act 2023: How Has The Law Changed?
Stren & Blan Partners: EVIDENCE (AMENDMENT) ACT 2023 – ALIGNING EVIDENCE TAKING IN JUDICIAL PROCEEDINGS WITH TECHNOLOGICAL ADVANCEMENTS
Mondaq: A Review Of The Nigerian Evidence (Amendment) Act 2023
These resources provide detailed analyses and insights into the provisions and implications of the Evidence (Amendment) Act, 2023.
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