The advantages of the various progressions in the aforesaid technology had aroused varied deliberations and judicial precariousness in nigeria up until the enactment of the new evidence act in 2011 which is yielding its. E14, laws of the federation of nigeria, and enacts a new evidence act, 2011 which applies to all. Dec 10, 2016 under the evidence act, 2011 there is a clear statutory interpretation of the two contentious words and this has cured the inadequacy of the repealed section 2 of the evidence act, 2004, which did not expressly include a computer output and the nondefinition of the word computer. E14, laws of the federation of nigeria, and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in nigeria. Divergent decisions on electronic evidence causes delay cjn. Aug 02, 20 the evidence act 2011 also referred to as the act came into force on 3 june 2011 when it received the assent of the president of the federal republic of nigeria as it contains no commencement date. Shortly after the national assembly passed into law, the evidence act 2011.
Evidence act 2011, laws of the federation of nigeria, with full text search. Admissibility of evidence as it relates to electronic. In criminal cases, previous good character relevant. Crossexamination must relate to relevant facts, but need not be confined to the facts to which the witness testified on in continue reading the effect of evidence of a witness who died before cross examination or partly into cross examination in nigeria. When the evidence act came into force on 3rd june 2011, a new threshold emerged in the nigerian jurisprudence on evidence with the repeal of the evidence act.
Doc an appraisal of the evidence act 2011 hon justice. Admissibility of electronic evidence under the nigerian. Court, give his evidence from the witness box or other place from which the other witnesses give their evidence. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. The law of evidence in nigeria is a replica of the english law of evidence around 1943. Evidence act chapter 80 revised edition 2014 1989 published by the national council for law reporting with the authority of the attorneygeneral. In this respect reference should be made to the extensive discourse of professor yemi osinbajo in the book, law and practice of evidence in nigeria by afe babalola 2001 sidon books ltd. Admissibility of documentary evidence under nigeria. The evidence act 2011 also referred to as the act came into force on 3 june 2011 when it received the assent of the president of the federal republic of nigeria as it contains no commencement date. Evidence of character of the accused in criminal proceedings. With the nascent evidentiary rules introduced by the evidence act, 2011, the shortcomings that existed in the above cases no longer arise because section 51 of the evidence act, 2011 now succinctly provides that entries in books of accounts or electronic records regularly kept in the course of business are admissible whether they refer to a. E14, laws of the federation of nigeria, 2004 and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in.
It must be understood that going back to historical lane, these provision of section 84 of the evidence act as reproduced was actually suggested by the nigerian law reform commission as far back as 1998 in section 84 of the proposed evidence decree of that year note the retention of section 84 in both the evidence act 2011 and the proposed. Click to subscribe to this blog and receive notifications of the latest supreme court cases by email. Click here to see judgements delivered in the year. Provisions of the evidence act, 2011 on electronic proofs. Full advanced text search, for sections and keywords. Evidence act 2011 including any amendment made under the. Nigerian criminal code 1990 apk download nigerian criminal code 1990 1. It was made applicable in nigeria on 1st of june 1945. Aug 09, 2017 s 214 2of the evidence act 2011 as amended. Remoral of incapacity to tstity from crime or mteresr 3. Part i general 1 evidence may be given of facts in issue and relevant facts.
The evidence actpdf icrc databases on international. He concludes that unless the evidence act is amended, it will be difficult for courts in nigeria to admit computer and electronically documentary evidence in nigeria. It also appraised the rules on admissibility of documentary evidence under the nigerian law to ascertain what factors that determine the admissibility and inadmissibility of documentary evidence and it examined the extent to which computer generated evidence is made part of admissible documentary evidence under the evidence act 2011. Evidence act 2011 table of provisions long title chapter 1preliminary part 1. Evidence act 2011 december 20, 20 bob aroture back to laws and treaties evidence act, 2011 arrangement of sections section. Prominent features of the book include an indepth discussion, backed with very current case and statutory law, of nagging issues in the law of evidence, like admissibility of computergenerated evidence generated from conventional computers, gsms, atm machines, internet. Get az of contemporary laws of electronic evidence in nigeria by alaba omolayeajileye. In its explanatory memorandum, the evidence act, 2011 repealed the 1945 evidence act, cap. Before 2000 i 20002005 i 2006 i 2007 i 2008 i 2010 i 2011. Law ebook full text annotated, electronic evidence an act to repeal the nigerian evidence act chapter e14, laws of the federation of nigeria, and enact a new nigerian evidence act, which shall apply to all judicial proceedings in or before courts in nigeria. First of all, you will have to download either bluestacks or andy android emulator for your pc considering the download link made available in the very beginning on this site.
As nigeria joins the rest of the world to celebrate easter amid the global outbreak of coronavirus covid19, deputy president of the senate, senator ovie omoagege has called on the citiz. Section 84 sets out the requirements for admissibility of certain types of. In view of this, the evidence act, 20116 provides for admissibility of electronic evidence. E14, laws of the federation of nigeria, and it applies to all judicial proceedings in or before courts in nigeria. Admissibility of computergenerated evidence under nigerias.
This book is useful to law students, law teachers, legal practitioners, lovers of the rule of law. Authorised by the act parliamentary counselalso accessible at. Doc admissibility of electronic evidence under section. Evidence act of 2011 contains the bulk of general rules relating to corroborating evidence made applicable to and admissible in proceedings in nigerian courts. Kenyas the evidence act free app which works without internet. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. Click download or read online button to get textbook on the law of evidence book now. An appraisal of the evidence act 2011 hon justice abiodun akinyemi.
Therefore, there is paucity of he admissibility of electronic evidence in nigeria or the use of electronic evidence in legal proceedings. Admissibility of computer generated evidence in nigeria, by. I wonder what took them so long to make this amendment but this is a great development all the same. E14, laws of federation of nigeria, and enacted a new evidence act, 2011 which latter act applies to all judicial proceedings in or before any court of law in nigeria. Yet unresolved is the problem of authenticity of the electronic documentary evidence. You dealt with law 445, law of evidence i in the last session. Admissibility of computergenerated evidence under nigeria s new evidence act, 2011 international journal of legal information vol. The cjn stressed that extreme circumspection and acute vigilance must be the key words for courts in this area of evidence. He maintained that digitally generated evidence must be subjected to the test of admissibility and compliance under section 84 of the evidence act, 2011. An act to repeal the evidence act, cap e 14 laws of the federation of nigeria and enact a new evidence act which shall apply to all judicial. Jul 18, 2012 the new evidence act enacted by the nigerian national assembly in june 2011 appeared not to draw a lot of attention and celebration from the nigerian public. Annotated provides interpretation, commentary and analysis of each section of the law of evidence act, as well as relevant case law.
Sections 14 and 15 of the evidence act 2011 give some guidance. In the event of dispute, parties are bound to rely on electronic evidence. The evidence act 2011 is remarkable in that it is a significant attempt to address the multitude of inadequacies in the old law. Nigerian evidence act 2011 download nigerian evidence act 2011 1. May 24, 2018 speaking at the opening ceremony of a oneday symposium for judges on section 84 of the evidence act, 2011 at the national judicial institute, abuja, on monday, the cjn described the legal. Evidence act, 2011 explanatory memorandum this act repeals the evidence act, cap. Jul 18, 2017 the conditions which made a confession not to be voluntary were defined by the provisions of section 28 of the repealed evidence act but the conditions which will make a confession to be regarded as unreliable are not limited by section 29 of the evidence act 2011. This is a republication of the evidence act 2011 including any amendment made under the. The 2011 revision of government auditing standards is effective for financial audits and attestation engagements for periods ending on or after december 15, 2012, and for performance audits beginning on or after december 15, 2011. Begin installing bluestacks app player by simply clicking on the installer once the download process is completed. With the enactment of the evidence act, 2011 and the cybercrime act, 2015, the era of digital and computer forensics has finally arrived in nigeria. Subject to any other law, evidence may be given in any suit or proceeding of the existence or nonexistence of every fact in issue, and of such other facts as are.
Judges must appreciate how section 84 of the evidence act. It is not in doubt that the admissibility of evidence as it relates to electronic devises, social media and forensic science has gained tremendous importance in trial of cases both civil and criminal in our courts, the new evidence act 2011 having incorporated same in the act which was not specifically provided for in the earlier evidence act. Nairaland forum nairaland general politics evidence act 2011 as amended 6414 views saraki pleads not guilty to amended 16 counts amended 2016 budget is back sahara reporters jonathan rejects amended constitution 1. Dec 02, 2011 an act to repeal the nigerian evidence act chapter e14, laws of the federation of nigeria, and enact a new nigerian evidence act, which shall apply to all judicial proceedings in or before courts in nigeria. Nigerian evidence act 2011 for windows pc free download. Evidence act, 2011 latest nigerian supreme court cases. E14, laws of the federation of nigeria, and enacts a new evidence act, which shall apply to all judicial proceedings in or before courts in nigeria. Explanatory memorandum this act repeals the evidence act, cap. The new evidence act enacted by the nigerian national assembly in june 2011 appeared not to draw a lot of attention and celebration from the nigerian public. Admissibility of evidence as it relates to electronic devises.
E14, laws of the federation of nigeria, 2004 and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in nigeria. The learned author also argues that those computer printouts do not qualify as documentary evidence under section formerly section 90 of the evidence act. Be that as it may, this section of the article will make use of a few nigerian cases which highlight the utility of electronic. Electronic evidence is now admissible in nigeria vide the evidence act 2011. The nigerian evidence act 2011 tomiwa olasiyans blog. Nov 09, 2011 click to subscribe to this blog and receive notifications of the latest supreme court cases by email. This cannot however be a measure of the significance of the changes if any, effected by the act on the practice of law and the administration of justice in nigeria. Evidence obtaineda improperly or in contravention of a law. This dissertation provided a critical conceptual discourse into the evidentiary rules on admissibility of documentary evidence under nigerian evidence act 2011. Pdf when the evidence act came into force on 3rd june 2011, a new threshold emerged in the. The topic under surveillance is an appraisal of hearsay rule in nigeria and so it goes beyond a mere determination of what the hearsay rule translates to and touches on the actual working and operation of the rule within contemporary nigerian society. No doubt that prosecution under these acts will create demands for digital and computer forensics examiners in nigeria. Law anywhere, it your pc, laptop, tablet, smartphone or. Criminal code act chapter 77 laws of the federation of nigeria 1990 arrangement of sections the original numbering of sections has been retained in order not to disturb the cross references to those sections in other enactments which are many and will be found throughout the whole edition 1.
Jan 29, 20 yet, there is this air of informality which is publicly associated with electronic data unlike its hard copy counterparts. Nigerian evidence act 2011 nigerian law intellectual. It appraised the bases for the admissibility of documentary evidence, rules of evidence, relevance and conditions for the admissibility of secondary evidence, public document, proof of documentary evidence, custody. Law of evidence ii this is the second part of the law of evidence. The focus of this work therefore is to examine the salient provisions of the act relating to admissibility of electronic evidence. Evidence act, 2011 this act repeals the evidence act. I recommend every law studentenforcement to download it. Evidence act 2011, laws of the federation of nigeria. Whats new about the 2011 evidence act by isaiah eromonsele. Textbook on the law of evidence download ebook pdf, epub. That material was based on the law of evidence act, 2004. Nigerian evidence act 2011 for android apk download. Mar 04, 2018 sections 14 and 15 of the evidence act 2011 give some guidance.
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