ORAL EVIDENCE AND CERTIFICATE OF AUTHENTICATION IN THE ADMISSIBILITY OF ELECTRONIC EVIDENCE IN NIGERIA: AN IMPERATIVE

Abstract

Electronic transactions have continued to dominate the modern-day human interactions. This is not unconnected with the tremendous growth and development of Information Technology (IT) as well as the ease at which such transactions can be carried out. Yet, the law continuously struggles to meet with the rising challenges posed by electronic information to be used as evidence. Certainty of the law in this nature of electronic evidence becomes therefore a cornerstone for the effective operation of this unavoidable human interaction. Against this backdrop, this paper examined the continuous imperatives of oral evidence and certificate of authentication in support of electronic evidence. Analysing section 84 of the Evidence Act as well as judicial decisions in some other common law countries, the paper found that admissibility of electronic evidence raises and would continue to raise practical considerations such as the appropriate threshold for admitting it as evidence. Oral evidence and certificate of authentication continues to dominate the centre stage in the admissibility of electronic evidence. The paper therefore suggested that, in line with some common law jurisdictions examined in this paper, there is the need to amend the Evidence Act to incorporate authenticity provisions for electronic documents as section 84 does not sufficiently guarantee the authenticity of such documents.