Certificate of Proficiency in Digital Evidence & eDiscovery Law Practice in Nigeria

Weekly training modules are based on the textbook: DIGITAL EVIDENCE & eDISCOVERY LAW PRACTICE IN NIGERIA by the Convener of the course Emeka Arinze Esq, LLM, M.I.T (info-tech), CBSP (Certified Biometric & Surveillance Professional, CDEA (Certified Digital Evidence Analyst), CCI (Certified Cybercrime Investigator), CFP (Certified Forensic Professional).

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WEEK

38

5 hours to complete
Cybercrime: Evidentiary Issues in Prosecution and Defence in Consequence of Digital Forensic Investigation. See Chapter 38 of the book for further reading

Cybercrime, although a relatively new phenomenon, has occupied global attention in recent time for one singular reason, all citizens of the world irrespective of their status; private or public, are vulnerable to its phenomenon. It is an ill wind that blows nobody any good.

Our legal system, as earlier constituted, evolved in the physical world and therefore best suited for physical crimes. However, in today’s world nearly every crime has some digital artefact that might be useful for an investigation and prosecution. With more cases of cybercrime on the docket, the Nigeria prosecuting agencies have new challenges to face in terms of gathering evidence and their presentation in court. These include but not limited to the need to trace complex track of digital evidence, the gathering of evidence in multiple international jurisdictions, and linking actions carried out by computers to humans in the chain. It is hard enough to successfully prosecute a cyber-criminal if they reside in the same jurisdiction as the victim, but close to impossibility when both reside in different sovereign entities.

The Focus of this Weekly Module

It is one thing for the prosecutor to acknowledge the fact that he has certain evidence showing that a particular crime of cyber colouration was committed through the instrumentality of the computer systems and associated networks at a certain time, it is another to prove beyond reasonable doubt that a particular individual was behind the operation of the computer and its associated networks at the relevant time for the purposes of that crime. It is against this background that our focus in this weekly module is on Powers of Prosecution under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, the role of the prosecution in the emerging concept of prosecution in the digital age and the defence counsel expectations in conducting defence of criminal allegation of crime of cyber origin.

Gains and Benefit

On completion of the lecture as espoused in the video, reading activity, quiz and assessment, you will be able to understand:

  • the powers of prosecution under the cybercrimes (prohibition, prevention, etc.) act, 2015;
  • managing prosecution in the digital age;
  • technical challenge: the criminal charge and its associated elements;
  • prosecution’s anticipation of defence reaction to the charge as proffered;
  • challenging evidence as elicited by the prosecution and
  • defence counsel familiarity with tools and best practices used in the investigative process
1 Video (Total 30 min), 1 reading, 1 quiz, 1 assignment SEE ALL
1 video
Cybercrime: Evidentiary Issues in Prosecution and Defence in Consequence of Digital Forensic Investigation
1 readings
Module Guide
1 quiz
Activity - Answer a 30 min question & answer test
1 assignment
Assignment title goes here