No commencement date. However, it will be presumed to have commenced on the 12th Day of June 2023 the day the Amended Act was signed  into law.

Note further that the amendment is said to follow global technological advancements in evidence.  There are doubts whether the amendments in any way meet the acclaimed global technological advancement considering the speed in technological development and innovations in AI technology, coupled with  visual evidence taking and forensic investigations in criminal matters.

 

Particular areas of concern are sections 37 (Hearsay Evidence), 38 and 39  of the Principal Act and some other sections whose applicability has become rather a clogged in criminal defense.

 

INSERTED/AMENDED PROVISIONS

i. There are 7 Amendments in sections 1, 2, 4, 6, 7, 8 and 10 of the Amended Act.

ii. Insertion of new sections 84A-84D in section 3 of the Amended Act and

iii. A substitution for section 255 in section 9 of the Amended Act.

iv.  Section 1 is the amendment clause. “The Evidence Act, No 18, 2011 (in this Act referred to as @the Principal Act”) is amended as set out in this Act” .

v.  Section 2 carries the amendment in section 84 of the Principal Act.

v. Section 84(2)(b) is substituted with new paragraph (b).

vi. section 84(2)(a)(c)(d), (4)(a)(b), (5)(c), amended by inserting “or electronic record”.

vii. Section 3 of the Amended Act contain the insertions of the new sections after section 84 of the Principal Act. The insertions are section 84A(a)(b),   84B, 84C(1)(2a,b)(3a,b,c,d) and 84D(1)(2a,b).

viii. Section 4 of the amended Act contains the amended section 93 of the Principal Act.  93(1)(2)(3) is amended by inserting “digital signature” after “signature”.

ix. Section 5 contains the amendment of section 108 of the Principal Act. A new subsection (2) was added to section 108. Section 108 has two subsections (1) and (2).

x. Section 6 of the Amended Act contains the amended Section 109 of the Principal Act by inserting “whether in person or through audio-visual” after “Nigeria”.

xi. Section 7 of the Amended Act contains the amendment in section 110 of the Principal Act, amended by inserting “whether in person or through audio-visual” after “Nigeria”.

xii.   Section 8 of the Amended Act contains the amended section 119(2) of the Principal Act by inserting a new subsection; subsection (paragraph) “2(ba)”.

xiii   Section 9 of the Amended Act contains the substitute  for section 255 of the Principal Act. A new subsection (2) was created for section “255”.

xiv.  Section 10 of the Amended Act contains the amended section 258 of the Principal Act. New definitions were created in the new section 258 by inserting in alphabetical order the interpretations of “audio-visual communication”, “cloud computing”, “computer”, “digital signature”, Electronic Gazette”, “electronic record”, “electronic signature”, “magnetic media” and “optical media”.

Darlington C. Owhoji is the Principal Solicitor of Benjamin Solicitors, and has been in active legal practice (advocacy and litigation) for over 20 years.