ELECTRONIC
EVIDENCE
PROFESSOR OLUYEMISI BAMGBOSE,
SAN
WHAT IS ELECTRONIC
EVIDENCE
there is no direct or specific
definition of electronic
evidence in the Evidence Act,
2011.
About It is any electronically stored
information or device that may
be used in court to prove or
disprove a fact. It includes
documents, files and records
that are stored by network or
Internet service providers.
What is Electronic Evidence Cont’d
The devices for storage or transmission include but not limited to a
wide range of gadgets such as
● Mobile phones
● Cameras
● Music players
● Meters
● ATM machines
● Traffic lights
● Car Tracking device
● Card readers e.t.c.
BASIC CHARACTERISTICS OF ELECTRONIC
EVIDENCE
❏ IT IS DIGITAL IN NATURE
Data in electronic form is created on a computer system which
consists of two components, hardware and software.
❏ Metadata
All documents in electronic formats contains metadata. Metadata is
data about data, it consists of electronic information about other data,
which points to the identification, origin or history of the file itself and
relevant dates. Metadata is often not visible on a printout of the
document.
BASIC CHARACTERISTICS OF ELECTRONIC
EVIDENCE Cont’d
❏ Dynamic, changeable content
Electronic documents are dynamic and can be manipulated because
they are rarely in a fixed final form. The mere act of accessing or
moving an electronic file may alter the data contained within it.
❏ Difficult to destroy
They are more difficult to dispose of than paper documents which can
be shredded or burnt. Deleted data can be retrieved by a computer
forensics expert. The only way to effectively destroy electronic
evidence is through overwriting, physical destruction, applying heat or
ADMISSIBILITY OF ELECTRONIC ➢ In UBA v. Sani Abacha Foundation for
EVIDENCE PRIOR TO EVIDENCE Peace and Unity(SAPFU) (2004) 3
NWLR (pt 861) 516, the Court of Appeal
ACT, 2011
held that a statement of account
➢ Prior to the enactment of the contained in a document produced by a
computer could not be admitted in
Evidence Act 2011, the rule
evidence.
regulating admissibility of evidence
➢ The court in FRN v. Femi Fani-Kayode
was EVIDENCE ACT, CAP. E 14,
(2010) 14 NWLR (Pt. 1214) 481,
LFN 2004 (now repealed)
➢ The basic problem of the Act was applying the decision of the Court of
Appeal in UBA v. SAPFU held that the
that it did not have clear provisions
provisions of Sections 97(1)(b) and (2)
recognizing electronic documents
(c) of the Act did not cover the
as admissible evidence, whether
admissibility of computer printout even if
primary or secondary. The Act
they were duly certified and relevant.
lagged behind modern
technological developments which
constituted a serious challenge to
legal practitioners, prosecutors, as
well as judges.
ADMISSIBILITY OF ELECTRONIC EVIDENCE IN EVIDENCE ACT,
2011
➢ SECTION 84(1) provides for the
○ that over that period, there was regularly
admissibility of “a statement contained in a
supplied to the computer in the ordinary
document produced by a computer. course of those activities information of
the kind contained in the statement or of
This section was introduced to fill the wide gap the kind contained in the statement of the
that existed in the repealed Evidence Act. kind from which the information so
contained is derived;
➢ SECTION 84 (2)(a)-(d) enumerates four ○ that throughout the material part of that
conditions that must be satisfied before such period, the computer was operating
a statement becomes admissible properly or if not, that in any respect in
○ which it was not operating properly, or
that the documents containing the statement
was out of operation, during that part of
was produced by a computer during a period
that period, was not such as to affect the
over which the computer was used regularly to
production of the document or the
store or process information for the purpose of
accuracy of its contents and
any activities regularly carried on over that
○ that the information contained in the
period, whether for profit or not, by anybody,
statement reproduces or is derived from
whether corporate or not, or by any individual;
information supplied to the computer in
the ordinary course of those activities.
ADMISSIBILITY OF ELECTRONIC EVIDENCE IN EVIDENCE ACT,
2011
➢ SECTION 84 (4), requires that a certificate be signed to authenticate the document by a
person occupying a responsible position in relation to any matter mentioned in Section
84(2)
○ Identifying the document containing the statement and describing the manner in
which it was produced; Section 84 (4)(a)
○ giving such particulars of any device involved in the production of that document as
may be appropriate for the purpose of showing that the document was produced by
a computer. Section 84 (4)(b)
○ dealing with any of the matters to which the conditions mentioned in subsection (2)
above relate; and purporting to be signed by a person occupying a responsible
position in relation to the operation of the relevant device or the management of the
relevant activities, as the case may be, shall be evidence of the matter stated in the
certificate; and for the purpose of this subsection it shall be sufficient for a matter to
be stated to the best of the knowledge and belief of the person stating it. Section
84 (4)(c)
➢ IBE v. A.G. & C.J, ENUGU STATE & ORS (2023) LPELR-60305(CA)
EVIDENCE (AMENDMENT) ACT, 2023
● The Act amended Section 84(2)(a), (c), (d); (4)(a) & (b) and
(5)(c) by inserting after the word “document” the words “or
electronic records”
● The Act substituted Section (2)(b) with a new paragraph “b”
which states “that during the period, information of the kind
contained in electronic record or of the kind from which the
information so contained is derived was regularly fed into the
computer in the ordinary course of the activities “
See Section 2 of the Evidence (Amendment) Act, 2023
● Section 3 of the Evidence (Amendment) Act, 2023 inserts
new Section 84A - 84D after Section 84 of the principal Act
Where any law provides that information be written, typewritten or
printed it shall deemed to have been satisfied if such information is
rendered or made available in an electronic from; and
accessible so as to be useable for a subsequent reference.
○ Section 84B makes provision for “Records in a computer to be admissible”
■ Any information contained in an electronic record which is printed on a
paper, stored, recorded or copied in optical or magnetic media or cloud
computing or database produced by a computer are deemed to also be a
document. It is admissible as evidence without further proof of production
of the original or any contents of the original or any fact stated in it of
which direct evidence would be admissible. NB: this provision is subject to
the satisfaction of the conditions mentioned in this Section in relation to
the information and computer in question.
○ Section 84C(1) - (3) provides for “Authentication of electronic record”
■ Any person may authenticate an electronic record by affixing his digital
signature on it
■ or electronic authentication technique which is considered reliable or
specified by the Act.
■ Any digital signature or electronic
technique will be considered reliable if ■ A digital signature is deemed secured if the
a. the signature creation data or the creation data
● at the time of affixing it was under the
authentication data are within the
exclusive control of the signatory and no
context in which they are used,
other person; and
linked to the signatory or the ● was stored and affixed in such exclusive
authenticator and no of other manner as may be prescribed.
person.
b. any alteration to the digital
signature made after affixing such
signature is detectable
c. any alteration to the information
made after its authentication by
the digital signature is detectable;
and
d. It fulfills such other conditions
which may be prescribed.
○ Section 84D provides for “Proof of digital
signature”
■ Alleged digital signature affixed to an
■ Any digital
■ Any digital
signature or
signature or
electronic
electronic
technique will
technique will
be considered
be considered
reliable if
reliable if
