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VOL. 11, ISSUE 7 (2025)
A comparative analysis of the admissibility rules of computer generated evidence in Nigeria, the United States of America, South Africa, and England and Wales
Authors
Henry Okolie Onyebuolise, Dr. Oyovwikerhi Imoni Ogbe, O K Edu
Abstract
Given that computer-generated evidence is unique and has many complex
origins, it became necessary to create regulations governing its acceptance in
Nigeria and other jurisdictions. Since digital evidence is easily manipulated,
it is expedient to convince the court that the collected digital evidence is genuine
in order to increase its chances of admissibility and the weight to be attached
to it. Authenticity pertains to whether or not the evidence is accurate in its
message and truly emanated from the person or source it claims to emanate from.
Nigerian and the United States of America (USA) laws treat authenticity of
digital evidence as a pre-condition to admissibility. In South Africa, England
and Wales, their laws treat authenticity as a post-admissibility matter. Is the
admissibility of digital evidence a pre-admissibility or post-admissibility
matter? What is the implication of these respective rules of admissibility of
digital evidence for justice delivery? It is premised on the above questions
that this article compared the admissibility status of computer-generated
evidence in Nigeria, the United States of America, South Africa, England, and
Wales and their effects on the administration of justice. In accomplishing this
goal, the doctrinal research method was adopted. In the course of this research,
it was found among others that section 84 of the Evidence Act (Nigeria), 2011
is interpreted cosmetically and unfairly by Nigerian courts. Based on the
finding, it was recommended among others that Nigerian courts should give vent
to the real essence of section 84 of the Evidence Act and treat authenticity of
digital evidence as pre-admissibility matter, as obtains in the USA.
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Pages:114-122
How to cite this article:
Henry Okolie Onyebuolise, Dr. Oyovwikerhi Imoni Ogbe, O K Edu "A comparative analysis of the admissibility rules of computer generated evidence in Nigeria, the United States of America, South Africa, and England and Wales". International Journal of Law, Vol 11, Issue 7, 2025, Pages 114-122
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