ADMISSIBILITY AND EVALUATION OF AI-GENERATED EVIDENCE IN NIGERIA

Abstract

Although sections 84 – 84D of the Evidence Act 2011, as amended by the (Amendment) Act 2023, provide for the admission of computer-produced documents, issues concerning the admissibility and evaluation of AI-generated evidence are not specifically covered by the Act. There is yet no reported Nigerian case where a court of law has dealt with the admissibility and evaluation of AI-generated evidence. Thus, judicial discussion on the topic is virtually nonexistent. While several writers have written on the subject of computer-produced evidence within the framework of the Evidence Act, academic discussions focused specifically on the admissibility and evaluation of AI-generated evidence in Nigeria are minimal. Against this background, this paper aims to contribute to knowledge in this emerging and important area of the law of evidence by highlighting and discussing the pertinent legal issues that Nigerian judges are likely to grapple with as litigants begin, slowly but inevitably, to introduce AI-generated evidence in legal proceedings in Nigeria. The paper adopts a doctrinal methodology, critically analyzing relevant case law and existing legislation to determine whether AI-generated evidence can be admitted and relied upon in legal proceedings within the framework of the Nigerian Evidence Act. Drawing from American jurisprudence, the paper highlights the challenges that Nigerian judges are likely to face when carrying out their judicial duty to evaluate AI-generated evidence. The paper argues that existing statutory provisions in Nigeria are inadequate to deal with the admissibility and evaluation of AI-generated evidence in legal proceedings. In conclusion, the article advocates for comprehensive legislative action integrating AI-generated evidence into the Nigerian legal system in a manner that optimizes its benefits while dealing with its potential negative impact on fair hearing.