Chapter 7

Digital Images as Evidence​

About the Author - Emeka Arinze Esq.

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

Chapter Content
  1. Introduction
  2. Understanding Digital Image
    1. Digital Image File Format
  3. Digital Images and the Concept of “Original”
  4. The Nature of Digital Image: Photograph and Video
    1. Digital Photograph
    2. Video as Digital Image
  5. Other Special Consideration for admissibility of Digital Image
    1. Early Disclosure; Avoidance of Trial by Ambush (Case of Video Data)
    2. Policy Orientation
  6. Objections to the Admissibility of Video and Photographic Images and their Audios
    1. Objection to the use of video evidence at trial may take the following forms
    2. When objection to the use of video evidence is raised, response is usually expected. Response may take the following forms
    3. On foundational issues, both parties must bear in mind that at all time material that
    4. Parties must acquaint themselves with the materiality of witnesses and the fact they are expected to testify
  7. Useful Tips and Precautionary Steps as Guide when Relying on Video or Digital Photographs for use as Evidence in the Courtroom or to launch a Challenge to Digital Image Admissibility
  8. Summary of Instances where Court Can Reject Video Evidence
  9. Training of Law Enforcement Officers and Prosecutors in Video Imagery

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One of the key implications of the growing availability of digitally-captured and stored images (whether of documents or pictures) is that the erstwhile reliance on paper and photographic originals (or authenticated copies of these originals) is no longer always going to be feasible for use in court. Against this background, Chapter 7 engages digital images (such as photographs and videos) as evidence.
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