COMPUTER-GENERATED EVIDENCE IN ELECTORAL DISPUTES: A CRITICAL EXAMINATION OF THE NIGERIAN EXPERIENCE AND ITS RELEVANCE TO INTERNATIONAL BEST PRACTICES

Abstract

The increasing use of technology in electoral processes has led to a rise in the generation of computer-based evidence in electoral disputes. However, the admissibility of such evidence in Nigerian courts remains a contentious issue. This paper examines the legal framework for admitting computer-generated evidence in electoral cases in Nigeria, with a focus on the Evidence Act 2011, and the Evidence (Amendment) Act, 2023. A critical analysis of decided cases reveals that Nigerian courts have been inconsistent in their approach to admitting computer-generated evidence, with concerns around authenticity, reliability, and hearsay being major obstacles. This paper argues that the current legal framework is inadequate for addressing complexities of computer-generated evidence and its prospects and challenges so far as it relates to the admission of evidence in electoral cases. The study adopts a comparative approach, drawing on best practices from other jurisdictions, particularly United States, Canada, Australia, and United Kingdom. The paper concludes by highlighting the need for a more nuanced approach to admitting computer-generated evidence in electoral cases, one that balances the need for authenticities and reliability with the imperative of ensuring that justice is served. Ultimately, this research aims to contribute to the development of a more effective and efficient framework for the admission of computer-generated evidence in electoral cases in Nigeria, with a view to enhancing the integrity and transparency of electoral processes.