An Assessment of the Legal Treatment of Electronic Evidence in Nigerian Commercial Courts

The increasing prevalence of electronic transactions has elevated the significance of digital evidence in commercial litigation, yet Nigerian courts have grappled with inconsistent approaches to the admissibility and weight of electronic evidence under the Evidence Act 2011 and the Cybercrimes Act 2015. This study assesses how courts in Lagos and Abuja have treated electronic evidence including emails, digital contracts, electronic signatures, and social media records in commercial disputes between 2018 and 2023. A doctrinal methodology analysing 35 reported commercial court decisions was adopted, supplemented by structured interviews with 20 commercial litigation practitioners. Results indicate that the computer certificate requirement under section 84 of the Evidence Act has been applied inconsistently, with some courts requiring strict compliance and others taking a more flexible approach. Electronic signatures are frequently contested without established authentication standards. WhatsApp and social media messages have been admitted in a growing number of cases, though weight remains judicially discretionary. The study concludes that the Evidence Act provisions require updating to reflect current digital technologies and that judicial training on electronic evidence principles is urgently needed. Recommendations include an amendment to the Evidence Act introducing authentication standards for electronic records, recognition of qualified electronic signature legislation, and a Lagos Commercial Court Practice Direction on digital evidence procedures.

Keywords: electronic evidence, Evidence Act 2011, digital contracts, commercial courts, Nigeria