Chapter 38

Cybercrime: Evidentiary Issues in Prosecution and Defence in Consequence of Digital Forensic Investigation

About the Author - Emeka Arinze Esq.

Foreword by Hon Justice Walter S. N. Onnoghen, GCON, Former Chief Justice of Nigeria

Chapter Content
  1. Cybercrime and Its Inherent Nature
  2. Prosecution
    1. Powers of Prosecution under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015
    2. Managing Prosecution in the Digital Age
    3. Preparing the Witness for Trial
    4. Prosecution’s Anticipation of Defence Reaction to the Charge as Proffered
  3. Defence Counsel Obligation
    1. Defence Cross-Examination of the Prosecution’s Witnesses and Reaction to the Forensic Report if any
    2. Defence Counsel Insistence on the Disclosure of Forensic Report by the Prosecution
    3. Challenging Evidence as Elicited by the Prosecution: Defence Counsel Familiarity with Tools and Best Practices Used in the Investigative Process

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Finally, when the report of the forensic examiner indicts a particular individual or group of persons, the need for prosecution arises with its attendant challenges. The prosecutorial challenges in cybercrime prosecution raises preliminary issues the prosecutor must engage in other to thoroughly present his case as deemed fit in the circumstances. Chapter 38 x-rays these issues as well as the defence counsel obligation in challenge of the forensic report where expedient.

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Chapter 37
Chapter 39