Complete Book Content

  1. Introduction
  2. Databases in eDiscovery
    1. Structured and Unstructured Data
    2. General Principles in Database Discovery
    3. Databases and Their Relevance in Criminal eDiscovery: The Case of Alibi
    4. Prosecutions Database: The Defence Access
  3. eDiscovery and Audio Evidence
    1. Nature and Sources of Audio Data in eDiscovery
    2. Preservation, Production/Retrieval and Privileged Issues in Audio Data
    3. Tools and Reviewing Mechanism of Audio Data
    4. Strategies for Managing Voice Recordings
  4. Matrimonial Dispute and eDiscovery
    1. Discovery involving Family Computer
    2. Limitations of Disclosure on Electronic Communications
    3. Production of Computer Hard Drives and Cell Phone SIM Cards
  5. eDiscovery and Financial Services: Banks and Other Related Institutions
    1. Litigation Readiness Plan, Incorporating CBN Directives: A Case for Document Retention Policy
    2. Compliance and Audit Procedures
  6. eDiscovery in Mergers and Acquisitions (M&A)
    1. Developing an eDiscovery Checklist for M&A
  7. eDiscovery and Metadata
    1. Preserving and Producing Metadata in eDiscovery
    2. When to Demand Production of Metadata in eDiscovery
    3. Production of Metadata and Privileged Information
    4. Relevance of Metadata in eDiscovery
  8. Cloud Computing and eDiscovery
    1. What really is “Cloud” in this Context?
    2. eDiscovery in the Cloud: The Potential Benefit
    3. Cloud Data Storage for Litigators: Disadvantages
    4. Implementation of eDiscovery Process in the Cloud
  9. eDiscovery in Arbitration
    1. Arbitral Bodies in Nigeria
    2. Rules or Protocols of Arbitral Bodies Dealing with eDiscovery in Arbitration in Nigeria
    3. The IBA Rules on the Taking of Evidence in International Commercial Arbitration
  10. eDiscovery in Criminal Investigation, Prosecution and Defence
    1. Background
    2. eDiscovery in Criminal Proceedings in Nigeria: Applicability of Existing Laws
    3. Common Challenges in eDiscovery in Criminal Cases
    4. Management of eDiscovery in Criminal Proceeding: Need for Expert Intervention
    5. The Right Against Self-Incrimination and eDiscovery
    6. eDiscovery of Emails and Text Messages in Criminal Proceeding
    7. When does a Duty to Preserve ESI or Electronic Data Relevant to Criminal Investigation Arises?
    8. Recommended Process for eDiscovery in Criminal Litigation
  1. Introduction
  2. Historical Development of Freedom of Information
  3. Enactment of Nigeria’s Freedom of Information Act (FOIA)
  4. Freedom of Information Act (FOIA) 2011
    1. The Objective of the Act
    2. Institutions to which FOIA Applies
    3. Files and Records subject to FOI Request and Production
    4. Obligation of the Public Institution to Keep, Organise and Maintain Records
    5. Right of any Person to Access, Request or Disclose Information
    6. Information Exempted from Disclosure
    7. Response to Access Request and Timeline
    8. Consequences for Refusal to Respond to Request
    9. Judicial Remedy for Denial of Access to Information
    10. Implementation of the FOIA and Role of the Attorney-General of the Federation
    11. Proactive Disclosure Requirements under the FOI Act
    12. Categories of Records required to be Disclosed Proactively
    13. Failure to Disclose Records Proactively under Section 2(3) of the FOI Act
  5. Are States Obligated to Enforce the Freedom of Information Act (FOIA)?
  6. The use of Technology in Access and Response to Request under the FOI Act with a view to managing its eDiscovery Process
    1. Background
    2. Creation and Maintenance of Public Records by Governments and Public Institutions
    3. Format of Record Keeping and Maintenance
    4. Access to Public Records in the Same Format Kept and Maintained by Governments and their Agencies
    5. Where the Records Requested are in the Cloud
    6. Is Private Email used by Officials of Government Agencies and Public Institutions subject to FOI Act?
    7. Maintaining Authenticity and Trustworthiness of Electronic Records for Purposes of FOI Act
    8. Application and Use of eDiscovery Process in the Management of Potentially Responsive ESI under FOI Act
  1. Introduction
  2. Search and Seizure Defined
  3. Fundamental Issues for Consideration in Search and Seizure in the Digital Age
    1. Privacy Issues and Search Warrants
    2. The Computer and the Warrant Process
    3. Nature of Search in the Technological Environment
  4. Existing Rules on Search and Seizure in Nigeria
  5. Applicable Rules on Search and Seizure of Computers and Their Devices in Digital Forensic Investigation in Nigeria
    1. Explanatory Notes on Section 45 of the Act
  6. Description of what to be Seized: Computer System Search
    1. Laser Printers
    2. Hard Disk Print Buffers
    3. Print Spooler Device
    4. Monitors
    5. Scanners
  7. Digital Property in the Cloud Subject to Search and Seizure
    1. Drafting a Warrant for Cloud Search and Seizure
  8. Affidavit in Support of Warrant for Search and Seizure of Computers
    1. The Role of the Computer in the Offence
    2. Description of Technical Information as contained in the Affidavit
    3. Description of the Role of the Computer in the Offence, where the Computer is an Instrumentality of the Crime
    4. Search Plan of the Computer used for the Illegal Purpose
  9. Further Consideration of Relevant Sections of the Cybercrime Act in relation to Search and Seizure
    1. Section 45(2)(e) Relating to Use or Cause to use a Computer or any Device to Search any Data contained in or available to any Computer System or Computer Network
    2. Section 45(2)(f): Use of any Technology to Decode or Decrypt any Coded or Encrypted Data contained in a Computer into Readable Text or Comprehensible Format
  10. Exceptions to the Warrant Requirement: Warrantless Searches
    1. Exigent Circumstances
    2. The Plain View Doctrine
    3. Border Searches
    4. Consent Searches
    5. Privileged and Confidential Information: The Doctors, Lawyers and the Clergy
  11. Offsite Search and Authorisation Request
  12. Need for Engagement of Experts in Search and Seizure Operations
  13. Is there Any Permissible Time Period for Examining Seized Media, Imposed by the Nigeria Cybercrime Act, 2015?
  14. Acquiring Data for Search and Seizure by Investigators
  15. Jurisdiction of a Judge to issue Search Warrant on a Computer System Existing Outside its National Territory
    1. Mutual Legal Assistance Treaty
  16. Basic Tips for Government Agencies for Request for Assistance from the Authority of Foreign Jurisdictions in Investigation, sequel to Search and Seizure
  17. Illegally-Obtained Evidence: Improper Search and Seizure
    1. Effect of Sections 14 and 15 of the Evidence Act 2011 on Illegally or Improperly obtained Evidence