Notable Provisions Of The Evidence (Amendment) Act of Nigeria

The Evidence (Amendment) Act was passed into law in 2023 to serve as an amendment of its principal act being the Evidence Act of 2011. The notable provisions of this amendment act will be forming the focus of this 2-installment article series.

Amendment of Section 84  :-

– In subsection 2(a), by inserting after the word “document”, the words “or electronic records”.

– In subsection 2 (b), by substituting for paragraph (b), a new paragraph “(b)” –

“(b)That during the period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary cause of the activities”.

– In subsection (2)(c), by inserting after the word “document”, the words “or electronic records”.

– In subsection (2)(d), by inserting after the word “statement”, the words “or electronic records”.

– In subsection (4)(a)&(b) by inserting after the words “document”, the words “or electronic records”.

– In subsection (5)(c), by inserting after the word “document”, the words “or electronic records”. 

Insertion of new Sections 84a-84d :– 

– 84A(Information in Electronic Form) : Where any law provides that information or any other matter shall be in writing or in the typewritten or printed from, then notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is :

a). rendered or made available in electronic form, and

b). accessible so as to be usable for a subsequent reference.

– 84B(Records In a Computer To be Admissible) – Notwithstanding anything contained in this act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media or cloud computing or database produced by a computer shall be deemed to also be a document, if the conditions mentioned in this section are satisfied in relation to the information and computer on question and shall be admissible in any proceeding, without further proof or production of the original, as evidence or any contents of the original or if any fact stated in it of which direct evidence would be admissible.

– 84C(Authentication of Electronic Records) :-

1. Any person may authenticate an electronic record by affixing his digital signature on it.

2. A person may authenticate any electronic record by such digital signature or electronic authentication technique which- 

a). is considered reliable, or

b).may be specified by this act.   

– Any digital signature or electronic authentication technique will be considered reliable if – 

a). The signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or , as the case may be, the authenticator and of no other person.

b). Any alteration to the digital signature made after affixing such signature is detectable.

c). Any alteration to the information made after its authentication by the digital signature is detectable.

d). It fulfills other conditions which may be prescribed.

– 84D(Proof of Digital Signature):- Except in the case of a secure digital signature, if the digital signature of any person is alleged to have been affixed to an electronic record, the fact that such digital signature is the digital signature of the person must be proved.

– A digital signature shall be deemed to be secure if tjr signature creation data – 

a). at the time of affixing the signature, was under the exclusive control of the signatory and no other person, and

b). was stored & affixed in such an exclusive manner as may be prescribed.

Amendment of Section 93 :- In subsections (1) -(3), by inserting after the words “electronic signature” , the words “or digital signature”.

Substitution for Section 108 :-

Affidavit to be filed

– Before an affidavit is used in court, the original is to be filed in the court & this original or an office copy shall be recognized for any purpose o

In the court.

– However, where this affidavit is deposed electronically before any person duly authorized to take affidavits, a copy shall be filed at the court registry and may be recognized for any purposes in the court.

Section II

This second article will be focused on the last amendments to the principal act being the Evidence Act 2011. 

Amendment of Section 109 :– This provision of the principal act is amended by inserting after the word “Nigeria”, the words “Whether in person or through audiovisual means”. 

Amendment of Section 110 :- This  provision of the principal act is amended by inserting after the word “Nigeria”, the words “whether in person or through audiovisual means”. 

Amendment of Section 119 :- Section 119(2) of the principal act is amended by inserting after paragraph (b), a new paragraph (ba) –

“(ba)If the affidavit is taken via audiovisual means, then the electronic record shall state which audiovisual method was used and the date on which it was used”. 

Substitution of Section 255 :-  

-The Minister of Justice may take regulations generally prescribing further conditions with respect to admissibility of any class of evidence that may be relevant under the act.  

– Where a law provides that a rule, regulation, notification, or any other matter be published in the Federal Government gazette, the requirement shall be deemed to have been satisfied if the rule, regulation, notification, or any other matter is published in the Federal Government gazette or electronic gazette.

Amendment of Section 258 :- 

– Audiovisual communications – means being able to see, hear and communicate with another individual in real time using electronic means. 

– Cloud computing- means the delivery of different services through the internet, including data storage, servers, databases, networking and software. 

– “Computer” means any device for storing and processing information, including mobile phones, and any reference to information being derived from it by calculation, comparison or any process.

– “Magnetic media” includes cassette tapes, hard disks, floppy disks, video & computer tapes. 

– “Digital signature” means an electronically generated signature which is attached to an electronically transmitted document to verify its contents and the sender’s identity.