CYBERSTALKING AND ADMISSIBILITY OF ELECTRONIC EVIDENCE ON PUBLICATION OF NUDE PICTURE/VIDEO ON SOCIAL MEDIA: REVIEW OF FEDERAL REPUBLIC OF NIGERIA V CHARLOTTE DEHLI

Abstract

This review paper examines the controversy emanating from the interlocutory decision of the court in the Federal Republic of Nigeria v. Charlotte Dehli concerning a cyberstalking offence (publication of nude picture/video on social media). The court rejected the admissibility of a printout of a WhatsApp conversation from a mobile phone in evidence sought to be tendered by the prosecution in proof of its case. The court based its decision on the discrepancy concerning the testimony and the certificate tendered by the prosecution witness. However, this review paper argues that considering the current position of the law on issuance of certificate for authentication and what is obtainable in other jurisdictions, the court ought not to have relied on a technical or procedural error to reject the electronic evidence, which works against the interest of justice, instead, admit the same in evidence and determine the weight to be attached.