Computer Evidence

Evidence is the means by which facts are
proved. Section 84 of the Evidence Act 2011 provides that a statement contained in a document produced via a computer, which statement is relevant to the facts in issue, is admissible as evidence on the fulfillment of the following conditions precedent:-
(a)    The computer from which the document was produced, was used regularly during the material information of the kind stated in the document;
(b)    The computer from which the document was produced also had stored in it other information of the kind contained in the document or of the kind from which the information contained in the document was derived;
(c)     That throughout the material period the computer was operating properly; and while it was not, evidence must be provided to establish that during the period when the computer was not operating properly, the production of the document or the accuracy of its contents were not compromised or affected;
(d)    That the information in the statement is reproduced or derived from the information supplied to the computer in the ordinary course of the activities in question Section 84 (4) of the Evidence Act 2011, authenticates computer generated evidence, it provides thus: “Where it is desirable to give a statement in evidence by virtue of section 84 of the Evidence Act 2011, a certificate identifying the document containing the statement and describing the manner in which the particulars of any device involved in the production of the document, signed by a person occupying a responsible position in relation to the operation of the electronic device, shall be primary and sufficient evidence of the matters stated in the certificate.
(e)    In Esso West Africa Inc. V. T. Otegbola (1969)! NWLR, the Supreme Court said obiter that “The law cannot be and is not ignorant of modern business  methods and must not shut its eyes  to the mysteries of the computer”. In another Supreme Court decision of Elizabeth Anyaebosi  V. R.T. Briscoe (1987)3 NWLR (Part 59) 84 (a) 96-97, the statement of account upon which the claims in this suit was reproduced and upheld were stored in and reproduced from a computer. This statement of account was admitted in evidence without objection at the High Court and Court of Appeal. The Supreme Court on further appeal upheld the judgement of the lower court to the effect that the computerized statement of account were admissible under section 96 (1) and (2) of the now repealed Evidence Act 1945 which section allows the admission of secondary evidence upon the fulfillment of certain conditions precedent. It is the provision of section 5 of the English Civil Evidence Act 1968 regarding the conditions precedent for the admissibility of documentary evidence produced by a computer, that were finally adopted in the 2011 Evidence Act of Nigeria.

Nkechi Bright Ewere