On June 12, 2023, President Bola Ahmed Tinubu signed the Evidence (Amendment) Act 2023 into law (“the Act” or “Amendment Act”). Rather than repealing the Evidence Act 2011 (“the Principal Act”), this Amendment introduces significant innovations aimed at aligning the Principal Act with modern technological advancements and global standards in evidence presentation.
The Act modifies various provisions of the Principal Act, incorporating electronic oath-taking and electronic gazettes while also broadening the scope of computer-generated evidence and the authentication of electronic records. Under the new legal framework established by the Act, electronic records stored, recorded, or copied onto optical or magnetic media or cloud computing databases—when produced by a computer—are now generally recognized as documents. Consequently, such records are admissible in judicial proceedings before Nigerian courts without requiring further proof or the presentation of the original, provided that they meet the conditions set forth in the Act.
In this legislative update, we analyze the key amendments introduced by the Evidence (Amendment) Act 2023 and assess their potential impact on judicial proceedings in Nigeria.
Key Changes in the Evidence (Amendment) Act 2023
1. Revision of Provisions on Computer-Generated Evidence
a. Recognition of “Electronic Records”
To reflect ongoing global technological advancements, the Act formally recognizes electronic records and their admissibility in legal proceedings. According to the Act, an electronic record includes “data, records, or data generated, as well as images or sounds that are stored, received, or transmitted in electronic form or microfilm.” The term “electronic record” has been deliberately added after “document” throughout the section dealing with computer-generated evidence in the Principal Act. With this amendment, both documents and electronic records (as defined by the Act) are now directly admissible as evidence, provided they fulfill the stipulated requirements in the Act.
Key Amendments in the Evidence (Amendment) Act 2023
1. Admissibility of Computer-Generated Records
Electronic records that are printed on paper, stored, recorded, or copied onto optical or magnetic media or cloud computing databases—when generated by a computer—are now legally recognized as documents. As such, they are admissible in judicial proceedings before Nigerian courts without the need for further proof or the production of the original, provided they meet the conditions outlined in the Act.
2. Recognition of “Digital Signatures”
The Act also formally acknowledges the use of digital signatures in legal documents and court processes. A digital signature is defined under the Act as an electronically generated signature that is attached to an electronically transmitted document to verify its contents, authenticity, and the identity of the sender.
3. Authentication and Reliability of Electronic Records and Digital Signatures
The authentication of electronic records can now be carried out digitally by affixing the maker’s digital signature. However, for a digital signature to be considered reliable, the following conditions must be met:
- The signature creation data must be uniquely linked to the signatory and no other person.
- Any alteration to the digital signature after affixing must be detectable.
- Any modification to the document after it has been authenticated with a digital signature must also be detectable.
If a person’s digital signature is claimed to be affixed to an electronic record, it must be proven that the digital signature indeed belongs to the signatory. To establish its authenticity, it is sufficient to show that, at the time of affixing the signature, the signature creation data was under the exclusive control of the signatory.
4. Introduction of Electronic Oath-Taking
The Act introduces provisions for electronic oath-taking in relation to affidavits and other documents requiring sworn declarations. Affidavits can now be deposed to electronically, which is expected to enhance efficiency and save judicial time. Additionally, electronic affidavits may be sworn using audio-visual means, provided they are administered by authorized officials. A copy of the affidavit must still be filed at the court’s registry.
5. Establishment of an Electronic Gazette
The Act also provides for the creation of an “Electronic Gazette,” which serves as an official digital publication of rules, regulations, and government notifications. According to the Act, where the publication of any rule, regulation, or notification in the Federal Government Gazette is required, it will be deemed sufficient if the Federal Government publishes such materials in an electronic format.
6. Expanded Definitions and Interpretations
Finally, the Act introduces definitions for various technological terms, including audio-visual communication, cloud computing, computer, digital signature, electronic gazette, electronic record, electronic signature, magnetic media, and optical media, ensuring that the legal framework keeps pace with technological advancements.
Advancing Nigeria’s Legal System Through Technological Innovation
The amendments introduced by the Evidence (Amendment) Act mark a significant step forward in aligning Nigeria’s judiciary and legal system with the rapid pace of technological advancements seen in other jurisdictions worldwide. These reforms are expected not only to simplify legal processes for the ordinary citizen navigating the Nigerian court system but also to have far-reaching implications for businesses at both national and international levels. A key benefit is that individuals will no longer need to travel within or to Nigeria merely to swear affidavits or sign legal documents.
Moreover, the formal recognition of digital signatures and the adoption of audio-visual technology for oath-taking are progressive changes that could extend beyond the courtroom to regulatory agencies that rely on sworn affidavits in their operations. With digital signatures, legal practitioners can submit documents more swiftly, and evidence can be presented with greater efficiency. The integration of these technological advancements into judicial proceedings will help streamline administrative processes, reduce the workload on judges, and minimize unnecessary delays in the delivery of justice.
Given that legal and judicial processes heavily depend on information gathering, storage, retrieval, and communication among stakeholders, incorporating modern technology into courtroom proceedings is essential for improving data management and overall efficiency. The innovations introduced by the Act are both timely and strategic, offering immense value to Nigeria’s judicial system.
Conclusion
With the implementation of these amendments, litigation before Nigerian courts and other quasi-judicial proceedings involving evidence-taking is expected to become significantly more efficient. It is therefore crucial for legal practitioners, dispute resolution experts, and judicial officers to familiarize themselves with these changes to enhance the speed and effectiveness of court proceedings. Ultimately, the innovations in the Act represent a commendable and strategic advancement in Nigeria’s procedural jurisprudence, reinforcing the country’s commitment to a more modern and efficient legal system.
