Executive Summary of the Evidence Act 2023

 

• GENERAL OVERVIEW OF THE EVIDENCE ACT

The Evidence Act generally is a law that provides guidelines for how evidence should be collected, presented, and weighed in both civil and criminal cases in Nigeria.

The Nigerian Evidence Act outlines various types of evidence, including oral testimony, documents, electronic records, and expert opinions amongst other provisions. It establishes rules for the examination and cross-examination of witnesses, the authentication of documents, and the criteria for admitting or excluding evidence based on factors such as relevance, authenticity, and hearsay. Section 1 is the amendment clause and it states that the Evidence Act, 1990  “the Principal Act” is amended as set out. Suffice to say that prior to the 2023 amendment, the Evidence Act of 1990 was the extant law relating to Evidence in Nigeria.  The Act aims to ensure fairness, reliability, and consistency in legal proceedings by providing a structured framework for presenting evidence and determining its probative value.

• SIGNIFICANCE OF EVIDENCE (AMENDMENT) ACT,2023

The amendment of sections; 84A-D, 93, 108, 109, 110, 119, 255, & 258 have been referred to as commendable. The Act has a total of 8 amendments. From the preamble of the Evidence (Amendment) Act, (hereafter referred to as “The Act”), it can be seen that the Act seeks to amend the Evidence Act, No.18, 2011 to bring its provisions in accordance with global technological advancement in evidence taking which shall be applicable to all judicial proceedings in or before courts in Nigeria; and for related matters[1]. The focus of the Act lies on refining evidence collection through technology, encompassing digital records and innovative presentation methods. The Act acknowledges its potential impact beyond evidence, signaling its wider influence on related legal matters. Ultimately, the preamble underscores the Act’s goal: modernizing the legal system, enhancing evidential practices, and ensuring relevance in the digital age.

Analyzing each amendment, Section 84 is the first amendment in the Act which provides for the term “or electronic records” after the word “. . . document”. The implication of this is that the Act now makes provision for all forms of electronic evidence to be recognized.

The Evidence (Amendment) Act 2023 is a significant piece of legislation that modernizes the Nigerian judicial system by making it more responsive to the needs of the digital age. The Act expands the admissibility of electronic records as evidence, recognizes digital signatures, and allows for electronic affidavits and oath-taking through audio-visual means. These amendments are expected to have a major impact on the justice system by making it easier for electronic evidence to be admitted in court, reducing the cost and time of litigation, and making the justice system more accessible to all Nigerians in accordance with global best practices.

The expansion of the admissibility of electronic records as evidence allows for a wider range of evidence to be admitted in court. This is important because electronic evidence is becoming increasingly common, and it is important that the law is able to keep pace with technological advancements. For example, emails, social media posts, and text messages are all now considered to be admissible as evidence, even if they are not in paper form.

The recognition of digital signatures helps to authenticate electronic records and make them more reliable as evidence. Digital signatures are a secure way to verify the identity of the sender of an electronic message, and they can help to prevent fraud and forgery. This is important because electronic records can be easily altered or forged, and digital signatures can help to ensure that the evidence is genuine.

The allowance for electronic affidavits and oath-taking through audio-visual means is also significant because it makes it easier for witnesses to give evidence in court. This is important because it can be difficult and expensive for witnesses to travel to court, especially if they are located in a remote area. For example, a witness who is living in a rural area could give their affidavit through video conferencing, which would allow them to give their evidence without having to travel to the city or even from diaspora. This helps to save time and unavailable resources. This is a welcome development that will help to modernize the Nigerian judicial system and make it more responsive to the needs of the digital age. The Act is expected to have a major impact on the justice system by making it easier for electronic evidence to be admitted in court, reducing the cost and time of litigation, and making the justice system more accessible to all Nigerians.

 

• KEY AMENDMENTS OF THE ACT

The Evidence (Amendment) Act 2023 introduces several key changes to the law of evidence in Nigeria, including:

• The introduction of the concept of “electronic records”. This means that electronic documents, such as emails, PDFs, and social media posts, are now admissible as evidence in court, just like paper documents.
• The recognition of digital signatures. This means that electronic documents that are signed with a digital signature are considered to be as reliable as paper documents that are signed with a handwritten signature.
• The introduction of electronic oath taking. This means that affidavits and other documents that require oath taking can now be sworn to electronically.
• The creation of an “electronic gazette”. This is an electronic version of the official gazette, where government rules and regulations are published.
• The amendment of the definitions of several terms related to electronic evidence, such as “cloud computing” and “magnetic media”.

 

These changes are intended to bring the law of evidence in Nigeria in line with modern technological developments. They will make it easier for electronic evidence to be admitted in court, and they will help to ensure that the justice system is responsive to the needs of the digital age.

 

• NOTED INSTANCES:

Here are some specific examples of how these changes could be used in practice:

• An email could be used as evidence in a civil case to prove that a contract was entered into.
• A social media post could be used as evidence in a criminal case to prove that someone was in a certain place at a certain time.
• A digital signature could be used to authenticate a document, such as a will or a contract.
• An electronic oath could be taken by a witness who is unable to appear in court in person.
• The electronic gazette could be used to publish government rules and regulations that are relevant to a case.

These are just a few examples of how the Evidence (Amendment) Act 2023 could be used to admit electronic evidence in court. The full impact of these changes will not be known until they have been in effect for some time. However, they have the potential to make the justice system more efficient and accessible, and to help ensure that justice is served in the digital age.

 

REFERENCES

• Evidence (Amendment Act)2023

 

 

[1] Evidence Act (Amendment) Act, 2023