The Book

Digital Evidence & eDiscovery Law Practice in Nigeria

Chapter 34

Digital Forensic Investigative Tools

It is not in debate that electronic evidence is information and data of investigative value that is stored on, or transmitted by, an electronic device. However, in its natural state, we cannot “see” what is contained in the physical object that holds the evidence. Equipment and essential toolkits are required to make the evidence visible. Chapter 34 explores these tools. Section 39 of the Nigeria Cyber Crime Act, 2015, provides that:

“Where there are reasonable grounds to suspect that the content of any electronic communication is reasonably required for the purposes of a criminal investigation or proceedings, a judge may on the bases of information on oath order a service provider, through the application of technical means to intercept, collect, record, permit or assist competent authorities with the collection or recording of the content data and/or traffic data associated with specified communications transmitted by means of a computer system.”

Chapter 1: An Overview of the Law of Evidence: The Pre-Digital Age​
Chapter 2: The Emergence of the Law of Evidence in the Contemporary World: Integrated Circuits and the Concept of Binary Digits ​
Chapter 3: Understanding Computer System Components, Functions and Their Evidentiary Values ​
Chapter 4: Digital Evidence Sources and Their Evidentiary Values ​
Chapter 5: Admissibility Foundation for Digital Evidence ​
Chapter 6: Electronic Document and Admissibility Foundation ​
Chapter 7: Digital Images as Evidence​ ​
Chapter 8: Cellphone Data and Cellular Networks as Evidence​ ​
Chapter 9: Social Networks and Digital Evidence ​
Chapter 10: Satellite Image (Data) as Digital Evidence ​
Chapter 11: Electronic Banking and Evidentiary Challenges ​
Chapter 12: Legal Issues Specific to Deoxyribonucleic Acid (DNA) Forensic Evidence ​
Chapter 13: Logs as Digital Evidence ​
Chapter 14: Cryptography and Blockchain: The Backbone of Digital Evidence Authentication​ ​
Chapter 15: Chain of Custody: It’s Application to Digital Evidence ​
Chapter 16: Judicial Notice in the Digital Age​ ​
Chapter 17: System Malfunction and Integrity Violation: A Case for Section 84 of the Evidence Act, 2011​ ​
Chapter 18: Evaluation of Section 84 of Nigeria Evidence Act 2011 and A Critique of the Supreme Court Decisions in Kubor v. Dickson and Kubor v. Sylva​ ​
Chapter 19: eDiscovery: An Overview ​
Chapter 20: The Development of eDiscovery Guidelines, Reference Models/Legal Framework ​
Chapter 21: An Overview of eDiscovery Development and Application in Different Jurisdictions and Nigeria ​
Chapter 22: Litigation-Readiness Plan: Getting Ready for eDiscovery ​
Chapter 23: The Preservation of Evidence and Litigation Hold ​
Chapter 24: Pre-Trial Conference, and Early Exchange of Computer System Information, Pursuant to eDiscovery ​
Chapter 25: Production of Electronically Stored Document ​
Chapter 26: Accessibility and Inaccessibility Issues in the Production of Electronically Stored Information ​
Chapter 27: The Principle of Proportionality in Producing Electronically Stored Information in eDiscovery ​
Chapter 28: Organisations, in-house legal departments and IT personnel can no longer turn a blind eye and pretend electronic discovery is just a passing fad. The 21st century courts are not only handling electronic data as mainstream discovery, they are also unwilling to tolerate destruction of relevant electronic evidence. Chapter 28 explains the notion of spoliation of evidence and sanctions that go with it. ​
Chapter 29: Subject-Specific Sources of Discoverable Electronic Stored Information in eDiscovery ​
Chapter 30: Freedom of Information Act (FOIA) 2011: Access to Information in the Age of Electronic Record ​
Chapter 31: The Basic Concepts and Locard Exchange Principle in Digital Forensic Investigations ​
Chapter 32: Investigators, Prosecutors and Defence Counsel Familiarity with Basic Computer Concepts and Resources ​
Chapter 33: Locating and Protecting Electronically-Stored Data in Digital Investigation ​
Chapter 34: Digital Forensic Investigative Tools ​
Chapter 35: Search and Seizure in Digital Forensic Investigation ​
Chapter 36: Digital Forensic Investigative Methodology and Techniques ​
Chapter 37: Application of Digital Forensic Investigative Technique: A Case of Money Laundry in Nigeria ​
Chapter 38: Cybercrime: Evidentiary Issues in Prosecution and Defence in Consequence of Digital Forensic Investigation ​
Chapter 39: The Emergence of Expert Witness, the Concept of Expert Opinion and Common Knowledge ​
Chapter 40: Duties and Responsibilities of Expert Witness ​
Chapter 41: Ethical Issues and Disqualification of Expert Witness ​
Chapter 42: The Expert Witness Report ​
Chapter 43: Admissibility of Forensic Expert Evidence in Court ​
Chapter 44: Digital Forensic Expert Witness in Court ​
Chapter 45: Stare Decisis and Persuasive Authority: Resort to Foreign Decisions in Digital Evidence and eDiscovery Law Practice in Nigeria ​
Chapter 46: Digital Evidence: Landmark Cases ​
Chapter 47: eDiscovery: Landmark Cases ​
Chapter 48: Digital Forensic Investigation: Landmark Cases ​
Chapter 49: Forensic Expert Evidence: Landmark Cases ​

DECFI is poised to deliver the necessary skills to Legal Communities Within The African Bar: The Judiciary; University Law Faculties; Law Schools; In-House Corporate Counsel And Other Leading Industry Participants, in the development and acquisition of the technical knowledge in meeting the demand of the critical domain of emerging eDiscovery and digital evidence.

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