Certificate of Proficiency in Digital Evidence

Certificate of Proficiency in Digital Evidence

It is no understatement to say that the legal profession and the judicial process world-wide, are going through evolution at a pace never experienced. Digital disruption, occasioned by rapid increase in the use of mobile devices and other computing accompaniments have compromised the continuation of existing ways of thinking with its inherent dilemma.

Today, corporations, governments, private individuals and other business operators keep their critical data that often become evidentiary in electronic format, stored on computers and computer-related devices. Issues of admissibility of such data stored in computer often arise in the course of litigation in courts. In all, one major area of concern when litigation is anticipated is the acquisition, authentication, evaluation and admissibility of information stored on magnetic and other media. At one extreme is the pure science of digits (0s and1s). At this level, the laws of physics and mathematics rule; at the other extreme, is the courtroom.

To get a document or an item of any kind admitted into court requires two things. First, the information must be factual. Second, it must be introduced by a witness who can explain the facts and answer questions. While the first may be pure science, the latter requires training, experience and ability to communicate the science. There is no better way to express this paradigm than reference to physical documents that lawyers are used to over time and the digital document, a new entrant into the lexicon of documents. With this dichotomy, a new form of dilemma emerges: paper world and its digital form. Lawyers, therefore, must appreciate the nature of this dilemma in order to fit into the emerging concept of digital evidence.

Level:
Certificate of Proficiency
Who should attend:
government personnel, Lawyers in litigation and corporate practice, ICT departments of organization such as banks and other interested persons in similar corporations, etc
Duration:
Six Weeks
Course Content

To effectively understand the critical and emerging concept of evidence in the digital domain, the attendees are taken through the following content:

  • Virtual Environment, Digital culture and the Dilemma of the Judicial Tripod in the 21st Century
  • An Overview of the Law of Evidence: The Pre-Digital and the Digital Age, incorporating the Understanding of Integrated Circuits, Binary Digits & their Evidentiary Values
  • Understanding Computer System Components, Functions and Their Evidentiary Values
  • Digital Evidence Sources and their Evidentiary Values
  • Admissibility Foundation for Digital Evidence
  • Electronic Document and Admissibility Foundation
  • Digital Images as Evidence
  • Cellphone Data and Cellular Networks as Evidence
  • Social Networks and Digital Evidence
  • Satellite Image (Data) as Digital Evidence
  • Electronic Banking and Evidentiary Challenges
  • Legal Issues Specific to Deoxyribonucleic Acid (DNA) Forensic Evidence
  • Logs as Digital Evidence
  • Cryptography and Blockchain: The Backbone of Digital Evidence Authentication
  • Chain of Custody: It’s Application to Digital Evidence
  • Judicial Notice in the Digital Age
  • System Malfunction and Integrity Violation: A Case for Section 84 of the Evidence Act, 2011
  • 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
On completion of the course as espoused in the video, reading activity, quiz and assessment, the attendee will be able to understand:
  • Appreciate the earlier conversation: the law of evidence and its essence; forms and nature of evidence; the concept of document and “original”;
  • understand the world of digits and its versed terrain of essential evidentiary tools of the digital age
  • understand witnesses and hearsay rule;
  • Appreciate major forensic categories of devices where evidence can be found;
  • Understand different evidence‐gathering processes, tools and concerns;
  • Appreciate the evidentiary values of these categories in the litigation processes.
  • Understand the processes through which computer may malfunction;
  • Understand the threats that can compromise the function of a computer;
  • Understand hardware and software failure;
  • Understand the risks associated with use of obsolete hardware and software;
  • malware infection;
  • appreciate the evidentiary issues in malware implicated in criminal trial: the case of trojan, bots and adware defence;
  • Understand the underlying technology as a precursor to Section 84 of the Evidence Act;
  • Understand analysis and evaluation of Section 84;
  • Appreciate the production of Certificate under Section 84(4);
  • Understand the Supreme Court decision in Kubor v. Dickson with reference to Section 84 (2) and (4) of the Act.