Judicial Standards for Electronic Evidence in Ghana: Building a Coherent Jurisprudence for the Digital Age

It is sometimes said that Ghanaian courts have not yet confronted electronic evidence in any serious way. That is not accurate, and the inaccuracy matters, because it encourages the belief that nothing can be done until Parliament acts. The courts have confronted the material repeatedly, in criminal prosecutions for cyber fraud, in commercial disputes turning upon email correspondence, in matrimonial causes where messaging records are tendered as proof of adultery, and in interlocutory applications where the question is whether a party may be served through a social media account. What is missing is not judicial engagement but a published body of reasoning from which principle could be extracted.