Niche Konsult Releases Green Paper on the Nigerian Evidence Act (Amendment) Bill 2009
Of course, that documentary evidence is admissible in Nigeria in certain circumstances is a matter of fact. However, the admissibility of electronically stored information (ESI) evidence[variously described as digital evidence, electronic evidence, computer evidence and often erroneously/incompletely referred to as computer-generated evidence but more correctly/comprehensively called Electronically Stored Information evidence] is a matter still subject to considerable debate, as is evident from the conflicting decisions of the Supreme Court, Court of Appeal and the Federal High Court.
While the Supreme Court has tended to consistently interpret the Evidence Act liberally to accommodate ESI evidence, its immediate subordinate, the Court of Appeal, would seem to be less favourably so disposed. Far worse is the Federal High Court, though supposed to be bound by the principle of judicial precedent, for about a year ago, in March 2009 precisely, that court sitting in Lagos, ruled against the admissibility of ESI evidence in a high profile case, demanding that certain conditions needed to be met for it to be in a position to do so.
Given the pervasiveness of the computer and related technologies and the huge reliance now placed on them, it is a matter of time before ESI (evidence) becomes a recurrent decimal in litigation in Nigeria.
Also, on February 15, 2010 the Senate of the Federal Republic of Nigeria held a public hearing on the 65 year old Evidence Act and the Evidence Act (Amendment) Bill 2009 sponsored by Senator Sola Akinyede (Ekiti South) .
On the anniversary of that Federal High Court ruling, i.e., March 26, 2010, we
are pleased to release a position paper discussing some requirements that need to be met to make the Evidence Act ESI-ready.
Get it by clicking here.
Niche Konsult Releases Green Paper on Nigeria's Proposed Cyber Security/Crime Bill
A Review of Nigeria's Cyber Security Bill by Niche Konsult Limited
Niche Konsult is pleased to release
Version 1 of its Analysis of the Cyber Security and Information Protection
Agency (Establishment, Etc) Bill 2008. The analysis is a 46 page long Section-By-Section Analysis
of the entire Bill. Niche Konsult is releasing this analysis to the public
because of the far-reaching implications of the provisions contained in that
Bill. We welcome your comments and hope it proves to be an interesting read.
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