Legal Regime of Electronic Banking in Nigeria and The Evidence Act 2011: An Examination of the Intersection Between Technology and Law
Abstract
The article examines the origin of electronic banking from a historical perspective and analyses the principles of the law of evidence applicable to electronic banking disputes and litigations in Nigeria. The article relies on primary and secondary sources of information. The primary source includes the Constitution of the Federal Republic of Nigeria 1999 (as altered), the Evidence Act 2011, the Evidence (Amendment) Act 2023, the Central Bank of Nigeria (CBN) Act 2007, Cyber Crimes (Prohibition, Prevention, Etc.) Act 2015, National Information Technology Development Agency (NITDA) Act, 2007, Nigerian Communications Act 2003, Economic and Financial Crimes Commission (Establishment, Etc.) Act, 2004 and Case Laws. The secondary source includes books, journal articles, and the Internet. This article reveals that the emergence of electronic banking has transformed the financial environment, providing unmatched convenience, rapidity, and accessibility. It further shows that the paradigm change has also brought about new challenges in the areas of e-banking disputes and litigations. It also reveals that the Evidence Act has not adequately addressed electronic records' vulnerabilities in banking disputes, litigations, and other challenges associated with modern technological usage. Furthermore, the article reveals that although the Evidence Act has made progress in dealing with the admissibility of electronic evidence, numerous unresolved issues still need to be addressed.
Keywords
Electronic Banking, Evidence Act 2011, Electronic Evidence, Admissibility, Nigeria
Citations
IRE Journals:
DR. Majebi Samuel Amune
"Legal Regime of Electronic Banking in Nigeria and The Evidence Act 2011: An Examination of the Intersection Between Technology and Law" Iconic Research And Engineering Journals Volume 8 Issue 6 2024 Page 824-850
IEEE:
DR. Majebi Samuel Amune
"Legal Regime of Electronic Banking in Nigeria and The Evidence Act 2011: An Examination of the Intersection Between Technology and Law" Iconic Research And Engineering Journals, 8(6)
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