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Critical Appraisal of the Relevancy and Admissibility of Electronically Generated Evidence in Nigeria

CRITICAL APPRAISAL OF THE RELEVANCY AND ADMISSIBILITY OF ELECTRONICALLY GENERATED EVIDENCE IN NIGERIA


ABSTRACT

The study was carried out to examine in full spotlight electronically generated evidence, what the effects are, what the Nigeria situation is as against what is the academic view. It also examined the introduction of technology in our court system and its legal effect with emphasis on the admissibility of such evidence. Investigation revealed that the problems posed to the admissibility of electronically generated evidence and the challenges bothering on authenticity, integrity, and confidentiality of the evidence and offers solutions to the problems or challenges that electronically generated evidence is facing.

In an attempt to address this fundamental issue regarding the admissibility of electronically generated evidence, recourse shall be paid had to the word evidence itself. Evidence is the means by which facts are proved excluding inferences and arguments. There are times in court when we desperately need to rely on evidence in order to prove a very vital point or issue in court. This point can be proved through the use of electronic generated documents which are believed to be in line with section 97 of the evidence act. Due to growth in technology, the use of electronic device such as computer printout, storage and communication system have risen sharply, especially in commercial and financial transactions in Nigeria and the world over which makes business communication greater in use. It would therefore be wrong for these electronic devices not to be accepted in court, if it has been valued and accepted all over the world.

The essence of the foregoing is basically to give a detailed and sufficient analysis of the subject matter. As we know tendering and taking of evidence is inevitable in court proceedings and this thesis is set to focus on the electronically generated evidence; its importance and effect in our judicial system.


CHAPTER ONE

1.1 Introduction

… This chapter will address the background information that motivated this study, the challenges that prompted it, its aim, and its objectives as a preface to subsequent sections of the study. Additional factors include the study's significance, scope, limitations, research questions and hypotheses, and the definition of technical terms.


CHAPTER TWO

2.0 Literature Review

2.1 Introduction

The review of relevant literature is the main topic of this chapter. A literature review covers theoretical and methodological contributions to a certain issue in addition to the state of knowledge at the time of writing. It provides information about the state of the art in relation to the subject you are writing about. It examines the body of work on the chosen subject. The literature evaluation in this study comprises the …


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