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INFORMATION FED INTO THE COMPUTER AND PRINTED IS NOT COMPUTER-GENERATED DOCUMENT

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Furthermore, this tribunal agrees in toto with the submission of the Petitioner’s counsel, that the argument of the 2nd Respondent on the inadmissibility of Exhibit P169, on account of the fact that it is a computer generated document, is misconceived. We agree that the report is a product of information fed into the computer and printed and such documents are different from computer generated documents. If not so, its implication is, that every information fed into a computer by anyone would have to be certificate compliant, which is definitely not the intention of Section 84 of the Evidence 2011 and we so hold.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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FOUR CONDITIONS REQUIRED UNDER SECTION 84(2)

By Section 84(2) of the Evidence Act, 2011, there are four conditions which are required to be satisfied in relation to the document and computer in question – 1. That the statement sought to be tendered was produced by the computer during a period when it was in regular use; 2. That during the period...

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CERTIFICATE UNDER SECTION 84(4) CAN BE PRODUCED BY A NON EXPERT

Another condition for the admissibility of electronic evidence under Section 84(4) of the Act is the production of an authentication/trustworthiness certificate of the computer used in producing the documents. From case law, this subsection permits even non-experts to issue such a certificate, especially persons who, though not possessing the required professional qualifications may have acquired...

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TO TENDER COMPUTER GENERATED EVIDENCE, SUCH MUST COMPLY WITH SECTION 84(2)

It has been established firmly that a computer – generated document can only be admitted in evidence upon compliance with the requirements of Section 84 of the Evidence Act, 2011. Thus a party that seeks to tender in evidence such a document must lead evidence to satisfy the requirements of Section 84 (2). See Kubor...

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