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

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

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

 

RESEARCH BODY

ABSTRACT

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 thesis considers 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.

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.

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: OBJECTIVES OF THE STUDY

1.3.0: FOCUS OF THE STUDY

1.4.0: SCOPE OF THE STUDY

1.5.0: METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: CONCLUSION

CHAPTER 2

DEFINITION OF EVIDENCE

2.0.0:  INTRODUCTION

2.1.0: AN APPRAISAL OF WHAT IS EVIDENCE

2.2.0: CLASSIFICATION OF JUDICIAL EVIDENCE

2.3.0: RELEVANCY AND ADMISSIBILITY

2.3.1: WHAT IS A FACT

2.3.2: WHAT IS FACT IN ISSUE

2.3.3: RELEVANT FACT

2.4.0: DESCRIPTION OF AFFIDAVITS; AFFIDAVITS AND EXHIBITS

2.5.0: CONCLUSION

CHAPTER 3

ELECTRONICALLY GENERATED EVIDENCE; AN EXAMINATION.

3.0.0: INTRODUCTION

3.1.0: EVIDENTIAL STATUS OF ELECTRONICALLY GENERATED

EVIDENCE

3.2.0: ELECTRONICALLY GENERATED EVIDENCE AND ITS

ADMISSIBILITY

3.3.0: ELECTRONICALLY GENERATED EVIDENCE ADMISSIBLE

WHETHER   AS PRIMARY OR SECONDARY EVIDENCE

3.4.0: COMPUTER GENERATED EVIDENCE

3.4.1: ADMISSIBILITY OF COMPUTER PRINTOUT AS EVIDENCE

3.4.2: EVIDENCE OF THINGS SEEN THROUGH TELESCOPE AND   

BINOCULARS

3.4.3: TAPES, MOVIES, TELEPHONE CONVERSATION, TELEFAX AND

 OTHER SOUND RECORDINGS AS EVIDENCE

3.4.4: HOW TO EXHIBIT ELETRONICALLY GENERATED EVIDENCE AND

WEIGHT ATTACHED TO IT

3.5.0: CONCLUSION

CHAPTER 4

CHALLENGES POSED TO THE ADMISSIBILITY OF ELETRONICALLY

GENERATED EVIDENCE

4.0.0: INTRODUCTION

4.1.0: PROBLEMS AFFECTING THE ADMISSIBILITY OF

ELECTRONICALLY GENERATED EVIDENCE

4.1.1: WAY OUT OF THE CHALLENGES

4.2.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION.

5.0.0: CONCLUSION

5.1.0: RECOMMENDATIONS

BIBLIOGRAPHY

ARTICLES IN JOURNAL

ARTICLES ON THE INTERNET

BOOKS

TABLE OF CASES

INDIA

Chand v Mahabir Prasad air 1956 punj. 173 

MAlkani v State of Maharashtra Air 1973 sc 157, 162

 Pratap Singh v State of Punjab AIR 1963 Pun. 298, 317 

Pratap Suigh v State of Punjab AIR 1964 sc. 72, 86 

Rex v Maqsud Ali & Ashiq Hussain Air (1964) sc. 72.

NIGERIA

ACB v Gwagwada (1994) 4 SCNJ (pt.II) 268 p.277.

Adeniyi v State (2001) FWLR pt 57, p. 809

Agunbiade v Sasegbon (1968) NMLR 223, 226.

Akingbade v Elemosho. Unreported suit no. Fsc 353/62.

Anyaebusi v R.T Briscoe Nigeria Ltd (1989 ) p.65 pt. 40  Chief Ogolo v IMB (Nig.) LFD (1998) 5 NWLR (pt. 419) 314 C.A

Chieka v Olusoga (1997) & NWLR 497 p.390.

ESSO W.A Incorporated v Oladiji (1968) NMLR 453

Garba v University of Maiduguri (1986) 1 NWER (pt. 18) 550

Habib Bank Ltd v Opomulero (2000) 15 NWLR (pt. 690), 315

Jimoh Ishola v State (1978) 9 & 10 SC 81, 104

John Bamigboye v A.G (W.N) 1966 NMLR, 266

Minister of Lands, Western Nigeria v Dr Nnamdi Azikwe & Ors (1969) 1 All NLR 4.  Nuba Commerical Farmers LFD & anor v Nal Merchant Bank LTD & anor (2003) FWLR (pt. 145) 661.

Prince Edward Eweka & ors. V Asonmwonriri Rawson (AKA Eweka) (2000) 10 WLR

(pt 702) 723 C.A

Salam, LAveal v The commissioner of Police (2001) NWLR 72.

UNITED KINGDOM

Bradford Corporation v Pickles (1895) A.C. 587

Carter v Roberts (1903) Ch.D 317

Foulkes v Chadd (1782) 3 Dong K.B 17.

Grant & Ors v Southwestern and Country properties (1974)2 ALL. ER 455.

Hollington v Hewthorn (1943) 1 K.B. 587 

Khan v UK (2000) crim. LR 684

R v Khan (1997) AC. 558

R v silverluck (1894) 2 Q.B 766  R v smurthwaith (1994) 1 ALL E.R 898

R v Spill by (1991) crim. LR. 1999.

Allen v Flood (1898) AC 1.

UNITED STATE

Addison v United States (A.S Tex) 317 f & d 808

D’ Aquoin v United States 323 U.S. 427

Lopez v United States 323 U.S. 427

Massachusetts Bonding &  Insurance Co. v Norwich Pharmacal Co. 182 d (2 d Cir)

People v Ketchel 59, Cal. 2d 503.

United States v. Littwui (CA 6 Tex) 388 2d 141.

TABLE OF STATUTES

INDIA

Indian Evidence Act, 1872.

NIGERIA

Arbitration (ordinance) Act 1914, Cap .13, LFN 2004.

Arbitration and Conciliation Act Cap.A18 LFN 2004.

Constitution of the Federal Republic of Nigeria 1999, Cap. 4 LFN 2004.

Corrupt Practices and Other Related Offences Act 2000, Cap. 31 LFN 2004.

Economic and Financial Crime Commission Act 2002, Cap. E1 LFN 2004.

Evidence Act 1945, Cap. 112, LFN 2004.

Money Laundering (Prohibition) Act, 2000.

Nigeria Corrupt Practices and Other Related Offences Act, 2000

Nigeria Arbitration and Conciliation Act, Cap. A18 2004.

Practices of Arbitration in Nigeria 2006.

Supreme Court Ordinance No. 11 of 1863.

UNITED KINGDOM

English Civil Evidence Act, 1968.

Article 8, European Convention on Human Rights

MODEL LAW

UNCITRAL Model Law on International Commercial Arbitration, 1985. 

LIST OF ABBREVIATIONS

AC

Appeal Cases

CA

Court of Appeal

Ch

Chancery Division

Ch.D

Law Reports Chancery Division (Eng)

Cal.2d

California Reports, second series Edition

Ed

Edition

EFCC

Economic and Financial Crimes Commission

E.R

England Report

FSCC

Federal Supreme Court Cases (Nigeria)

FWLR

Federation Weekly Law Report

ICSID

International Convention on the Settlement of Investment

Disputes

IT

Information Technology

IULJ

Igbinedion University Law Journal

IMF

International Monetary Fund

JAL

Journal of African Law

JSE

Justice of the Supreme Court

K.B

King’s Bench

LFN

Laws of the Federation of Nigeria

Ltd

Limited

LWN

Laws of Western Nigeria

Nig.

Nigeria

 

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

 


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

 


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