Discordant Rings for Amendment of Evidence Act 2011

Document and information managers in the country are seeking a review of the Evidence Act 2011 to allow the admissibility of electronic records as evidence before law courts in Nigeria.

Though the new Act which repeals the Evidence Act, Cap. E14, Laws of the Federation of Nigeria, is supposed to apply to all judicial proceedings in or before courts in the country; the admissibility of electronic records in courts is still a problem.

Mr. Rafiu Uthman, director-general, Lagos State Records and Archives Bureau (LASRAB) observed that in the contemporary society electronic records have come to stay.

“We are going to have greater use of electronic records and ICT in management, governance and development. What should be done is to have a review of the evidence act”. He added.

But some lawyers said the call is too soon adding that there were nothing wrong with the Act as presently put together.

Chuks Arubaleze, a lawyer said that section 84(1)-(5) of the Act introduces the "Admissibility of Statements in Documents Produced by Computers".

Nigeria CommunicationsWeek recalled that the Evidence Act was passed by the House May 19, 2011, passed by Senate June 1 and signed by the president on June 3, 2011.

Lawyers can rely on Section 84(5)c to prove that information via mobile phones and other gadgets/devices are admissible.