ADMISSIBILITY OF DIGITAL EVIDENCE IN CYBERCRIME PROSECUTION UNDER THE EVIDENCE ACT 2011

Abstract

The emergence of information and communication technology has transformed the nature of criminal activities, giving rise to sophisticated cybercrimes such as hacking, identity theft, phishing, cyberstalking, online fraud, and unauthorized access to computer systems. As these offences are primarily committed through digital platforms, the successful prosecution of cybercrime cases largely depends on the admissibility and reliability of digital evidence. In Nigeria, the legal framework governing the admissibility of digital evidence is principally contained in the Evidence Act, 2011, particularly Section 84, which prescribes the conditions under which computer-generated evidence may be admitted in judicial proceedings. The enactment of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 further strengthened the legal regime by recognizing electronic records and digital data as critical tools in the investigation and prosecution of cyber offences. This study examines the admissibility of digital evidence in cybercrime prosecution under the Evidence Act, 2011. It analyzes the concept and nature of digital evidence, the statutory requirements for its admissibility, and the judicial interpretation of Section 84 by Nigerian courts. The study also evaluates the significance of electronic records such as emails, text messages, computer logs, CCTV footage, social media communications, and digital forensic reports in proving cybercrime offences. Particular attention is given to the conditions relating to the regular use of computer systems, the reliability of the device used, and the requirement of certification for computer-generated evidence. The research identifies several challenges affecting the admissibility of digital evidence in Nigeria, including inadequate technical expertise among investigators and prosecutors, difficulties in maintaining the chain of custody of electronic evidence, issues of authenticity and integrity of digital records, and the strict procedural requirements imposed by Section 84 of the Evidence Act. Ultimately, the effective admissibility of digital evidence remains indispensable to the successful prosecution of cybercrime and the administration of criminal justice in Nigeria.