Forensics Examiner and Digital Evidence in Nigeria
ADMISSIBILITY OF THE OPINION OF A COMPUTER FORENSICS EXAMINER AS AN EXPERT EVIDENCE UNDER NIGERIAN LAW OF EVIDENCE By
Philip O Nwachukwu
As a general rule under Nigerian law of Evidence, the opinion evidence is irrelevant in court trials. Thus section 66 of the Evidence Act CAP E14, Laws of the. Federation of Nigeria (LFN), 2004 provides that the fact that any person is of the opinion that a fact in issue, or relevant to the issue, does or does not exist, is irrelevant to the existence of such fact except as provided in sections 57 to 65 of the Evidence Act. Exceptions to this general rule are contained in sections 57 to 65 of the Evidence Act, which make opinion of experts and non-experts relevant with regard to foreign law, native law and custom, points of science or art, identity of hand-writing or finger impressions, native law and custom, certain usages and tenets, existence of the relationship of one person to another, etc. Section 57 subsections (1) and (2) specifically provides: “(1) When the court has to form an opinion upon a point of foreign law, native law or custom, or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, native law or custom, or science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts. (2) Such persons are called experts” The need for experts or persons specifically trained or qualified in particular discipline to assist the court by testifying on causation arising from certain phenomenon studied by them is acknowledged by this section (section 57 (1)) --- i.e., expert opinion (in oral or written form) is admissible under section 57 of the Evidence Act. Expert opinion is particularly very necessary where the phenomenon being inquired into by the court is beyond the knowledge of a mind (e.g., judges, magistrates and judicial officers) untrained in the discipline or art concerned. As an
Philip O Nwachukwu
As a general rule under Nigerian law of Evidence, the opinion evidence is irrelevant in court trials. Thus section 66 of the Evidence Act CAP E14, Laws of the. Federation of Nigeria (LFN), 2004 provides that the fact that any person is of the opinion that a fact in issue, or relevant to the issue, does or does not exist, is irrelevant to the existence of such fact except as provided in sections 57 to 65 of the Evidence Act. Exceptions to this general rule are contained in sections 57 to 65 of the Evidence Act, which make opinion of experts and non-experts relevant with regard to foreign law, native law and custom, points of science or art, identity of hand-writing or finger impressions, native law and custom, certain usages and tenets, existence of the relationship of one person to another, etc. Section 57 subsections (1) and (2) specifically provides: “(1) When the court has to form an opinion upon a point of foreign law, native law or custom, or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, native law or custom, or science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts. (2) Such persons are called experts” The need for experts or persons specifically trained or qualified in particular discipline to assist the court by testifying on causation arising from certain phenomenon studied by them is acknowledged by this section (section 57 (1)) --- i.e., expert opinion (in oral or written form) is admissible under section 57 of the Evidence Act. Expert opinion is particularly very necessary where the phenomenon being inquired into by the court is beyond the knowledge of a mind (e.g., judges, magistrates and judicial officers) untrained in the discipline or art concerned. As an
References: August 2010 Evidence Act, Cap E14, Laws of the. Federation of Nigeria (LFN), 2004 Aguda, Akinola, The law of Evidence, Ibadan, Spectrum Books Limited, 1966 Udemezue S, Expert Witness in Law of Evidence, Nigerian Law School (unpub) 2009 PAUL W. GRIMM, CHIEF UNITED STATES MAGISTRATE JUDGE: Ratio Decidendi in Lorraine v Markel Am Ins Co 241 FRD 534 (D.Md. 2007) Page 4 of 4