The “EVIDENCE (AMENDMENT) ACT, 2023” is a bill enacted by the National Assembly of the Federal Republic of Nigeria to amend the existing Evidence Act from 2011. The purpose of this amendment is to bring the provisions of the Evidence Act in line with global technological advancements in the collection and use of evidence in legal proceedings. Here’s a detailed explanation of some key points from the act:

1. Amendment of the Principal Act: The bill starts by stating that it aims to amend the existing Evidence Act from 2011 (referred to as “the Principal Act” in this document). This means they are proposing changes to the existing law.

2. Amendment of Section 84: Section 84 of the Principal Act is being amended. It lists several changes to this section, including the inclusion of “electronic records” alongside “documents.” This means that electronic records will be treated similarly to physical documents in legal proceedings.

3. Insertion of New Sections (84A-84D): New sections labeled 84A to 84D are being added to the Principal Act. These new sections deal with information in electronic form, admissibility of records in a computer, authentication of electronic records, and proof of digital signatures. Essentially, they outline how electronic information and records will be handled as evidence in legal proceedings.

4. Amendment of Section 93: Section 93 of the Principal Act is also being amended to include “digital signature” in addition to “electronic signature.” This ensures that digital signatures are recognized as a form of authentication.

5. Substitution for Section 108: Section 108 is being replaced with a new version. It outlines the filing and recognition of electronically deposed affidavits, which are legal statements often used as evidence in court.

6. Amendment of Section 109 and Section 110: Both these sections are being amended to state that individuals can appear in court not only in person but also through audio-visual means, such as video conferencing. This recognizes the use of technology in legal proceedings.

7. Amendment of Section 119: Section 119 is being amended to include a new paragraph (ba) specifying that if an affidavit is taken via audio-visual means, the electronic record must state which audio-visual method was used and the date it was used.

8. Substitution for Section 255: Section 255 is being replaced with a new version that grants the Minister responsible for justice the authority to make regulations related to the admissibility of evidence. It also specifies that publication in the Electronic Gazette is acceptable for certain requirements.

9. Amendment of Section 258: Section 258 is being amended to include definitions for various terms related to technology, such as “audio-visual communication,” “cloud computing,” “digital signature,” “Electronic Gazette,” and more. These definitions clarify how these terms will be interpreted within the law.

10. Citation: The final section of the bill states that it can be cited as the “Evidence Act (Amendment) Act, 2023,” providing the official name for the amended law.

In summary, this bill aims to update the Evidence Act of 2011 to accommodate advancements in technology and electronic evidence while also providing definitions and regulations for the use of these technologies in legal proceedings in Nigeria.