- 7 Marks
Question
Electronic evidence is now admissible in Court.
Required:
Explain briefly the conditions for the admissibility of computer-generated evidence in Court.
Answer
Conditions for Admissibility of Electronic Evidence:
- Relevance: The electronic evidence must be relevant to the matters in dispute in the court case.
- Authenticity: The proponent of the electronic evidence must demonstrate that the data is authentic and has not been altered. This may require certification or testimony from an expert.
- Integrity of the System: The computer or device from which the evidence was derived must be shown to be functioning properly at the time the data was produced or stored.
- Regularly Conducted Activity: The electronic record must have been made in the regular course of business or any other regularly conducted activity.
- Compliance with Legal Requirements: There should be compliance with specific statutory provisions governing the admissibility of electronic evidence, such as those outlined in the Evidence Act.
- Chain of Custody: A clear and unbroken chain of custody must be maintained to ensure that the electronic evidence presented in court is the same as originally acquired.
- Best Evidence Rule: The original electronic record should be presented unless there is a valid reason for presenting a copy, such as the original being lost or destroyed.
- Tags: Admissibility, Electronic Evidence, Legal Procedures
- Level: Level 1
- Topic: The Nigerian Legal System
- Series: MAY 2016
- Uploader: Kwame Aikins