CYBERSTALKING AND ADMISSIBILITY OF ELECTRONIC EVIDENCE ON PUBLICATION OF NUDE PICTURE/VIDEO ON SOCIAL MEDIA: REVIEW OF FEDERAL REPUBLIC OF NIGERIA V CHARLOTTE DEHLI

Abstract

This review paper examines the controversy emanating from the interlocutory decision of the court inthe Federal Republic of Nigeria v. Charlotte Dehli concerning a cyberstalking offence (publication of nudepicture/video on social media). The court rejected the admissibility of a printout of a WhatsApp conversationfrom a mobile phone in evidence sought to be tendered by the prosecution in proof of its case. The court basedits decision on the discrepancy concerning the testimony and the certificate tendered by the prosecution witness.However, this review paper argues that considering the current position of the law on issuance of certificate forauthentication and what is obtainable in other jurisdictions, the court ought not to have relied on a technical orprocedural error to reject the electronic evidence, which works against the interest of justice, instead, admit thesame in evidence and determine the weight to be attached.