Introduction
In modern legal disputes, many communications occur through messaging applications such as WhatsApp. Agreements, promises, threats, admissions of debt, and other important exchanges are frequently conducted through chat messages.
This raises an important legal question: Are WhatsApp chats admissible in Nigerian courts?
The answer is yes, but their admissibility depends on compliance with the legal rules governing electronic evidence, particularly Section 84 of the Evidence Act, 2011.
WhatsApp Chats as Electronic Evidence
Under Nigerian law, WhatsApp chats are regarded as computer-generated or electronically generated documents.
The admissibility of such documents is governed primarily by Section 84 of the Evidence Act, 2011, which sets out the conditions that must be satisfied before a court can admit computer-generated evidence.
The Supreme Court emphasized this position in Kubor v. Dickson & Ors
(2012) LPELR-9817(SC)where the Court made it clear that electronic documents cannot simply be tendered from the bar without laying the proper foundation required by law.
The Court held:
……..“A party that seeks to tender in evidence a computer generated document needs to do more than just tendering same from the bar. Evidence in relation to the use of the computer must be called to establish the conditions set out under Section 84(2) of the Evidence Act, 2011.
Per WALTER SAMUEL NKANU ONNOGHEN, JSC (Pp 48 – 50 Paras F – D)
This means that WhatsApp chats, like other electronic records, must meet the statutory requirements before they can be admitted in evidence.
The Requirements of Section 84 of the Evidence Act
The Supreme Court further clarified the purpose and interpretation of Section 84 in
Dickson v. Sylva & Ors
(2016) LPELR-41257(SC).
According to the Court, the section focuses on ensuring the authenticity and reliability of electronic evidence.
The Court held:
……..“Now a careful consideration of Section 84 reproduced infra would reveal that the Section is concerned with the manner in which the electronic evidence sought to be relied upon is produced. The Section seeks to ensure the authenticity of the document and the integrity of the procedure used to bring it into being.”……..
Per KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Pp 73 – 81 Paras E – F)
In practical terms, the law requires proof that:
1. The computer used was regularly used to store or process information.
2. Information was supplied to the computer in the ordinary course of activities.
3. The computer was operating properly at the relevant time.
4. The document was produced from information supplied in the ordinary course of those activities.
These conditions ensure that electronic evidence such as WhatsApp chats is authentic and reliable.
The Certificate Requirement
Another important requirement under Section 84 is the certificate of compliance.
The certificate must:
1. Identify the electronic document.
2. Describe how it was produced.
3. Provide details of the device used.
4. Be signed by a person responsible for the device or the relevant activity.
The Court of Appeal reiterated this requirement in
Akinsoyinu v. State (2024) LPELR-80564(CA), where it held:
……..“To ensure authenticity of the document sought to be tendered a certificate must be produced. Section 84 of the Evidence Act does not mention the form the certificate will be of the electronic generated document. The certificate is to state the way and manner the document was produced.”
Per FADAWU UMARU, JCA (Pp 22 – 23 Paras A – E)
Similarly, the Supreme Court in
Ojeh v. FRN
(2022) LPELR-58493(SC) stressed that failure to produce the certificate where required may render the electronic document inadmissible.
The Court held:
……..“My view is that, since exhibit P11 is a photocopy of what was printed by them from their own computer, they are bound to produce a certificate that the copy printed from their computer complied with the requirements of S.84 (4) of the Evidence Act.”……..
Per EMMANUEL AKOMAYE AGIM, JSC (Pp 11 – 13 Paras D – C)
Electronic Evidence Is Not Limited to Internet Documents
Another misconception sometimes raised is that only documents downloaded from the internet are subject to Section 84 of the Evidence Act.
The Supreme Court rejected this argument in
Omisore & Anor v. Aregbesola & Ors (2015) LPELR-24803(SC).
The Court held:
……..“Even the very chapeau or opening statement in Section 84(1) contradicts this submission. The relevant phrase here is ‘a statement contained in a document produced by the computer…’”……..
Per CHIMA CENTUS NWEZE, JSC (Pp 97 – 98 Paras E – D)
This means that any document produced by a computer, including WhatsApp chats, emails, digital photographs, and text messages, may fall within the scope of Section 84.
Demonstrating Electronic Evidence in Court
After electronic evidence has been admitted in court, it may still need to be demonstrated or linked to the facts of the case.
In Dickson v. Sylva & Ors
(2016) LPELR-41257(SC), the Supreme Court emphasized that courts should avoid the practice of “dumping documents” without showing how they relate to the issues in dispute.
The Court stated that once the requirements of Section 84 have been satisfied and the evidence admitted, there is no additional requirement to certify the device used merely to display or demonstrate the evidence in court.
Practical Tips for Using WhatsApp Chats as Evidence
If you intend to rely on WhatsApp chats in court, it is advisable to:
1. Preserve the original chat on your phone.
2. Export or screenshot the conversation clearly.
3. Print the messages in a readable format.
4. Prepare a Section 84 certificate.
5. Ensure the evidence is properly linked to the facts of your case during testimony.
Failure to comply with these steps may result in the court rejecting the evidence.
Conclusion
WhatsApp chats can be admissible in Nigerian courts, but they must comply with the requirements of Section 84 of the Evidence Act, 2011 governing electronic evidence.
Nigerian courts have consistently emphasized the need to establish the authenticity, reliability, and proper production of electronic documents before they can be admitted in evidence.
When these requirements are satisfied, WhatsApp conversations may serve as important evidence in both civil and criminal proceedings.
Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. The application of legal principles may vary depending on the facts of each case. Readers are advised to consult a qualified legal practitioner for advice relating to their specific circumstances.
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