Admissibility, Reliability and the Confrontation Clause in AI-Generated Evidence: Lessons for the Nigerian Judiciary

Abstract

Artificial intelligence (AI) has become increasingly significant in twenty-first-century criminal justice systems. Law-enforcement agencies now deploy facial-recognition systems, predictive policing tools, automated forensic analysis and algorithmic risk assessments. Nigerian institutions are beginning to explore similar technologies, often without parallel development in evidentiary doctrine. This article examines the status of AI-generated evidence within Nigeria’s legal system and explores its implications for admissibility, reliability and the constitutional right to confront adverse evidence. Drawing upon developments in the United States, United Kingdom, European Union, South Africa and Kenya, the paper argues that Nigeria must adopt structured reliability standards, enforce disclosure obligations and strengthen judicial technological literacy. It concludes that without doctrinal clarity and institutional oversight, AI technologies risk undermining fair-hearing guarantees and eroding public confidence in the administration of justice.