• The Gabonese government approved a draft ordinance amending the Criminal Procedure Code to regulate the admissibility of digital evidence.

• Authorities now require digital evidence to prove reliability, authenticity and traceability through verification by authorized public entities.

• An international Cellebrite study shows that 60% of investigators consider digital evidence more decisive than DNA in some cases, while 74% say it improves case resolution rates.

The Gabonese government approved a draft ordinance on February 26, during a cabinet meeting. Justice Minister Augustin Emane presented the text, which amends the Criminal Procedure Code to regulate the admissibility of digital evidence before courts. The reform introduces formal requirements that aim to adapt the judicial system to the rise in digital-related offenses.

The reform establishes a technical framework for the use of electronic data in criminal proceedings. Authorities will admit digital evidence only if it demonstrates reliability, authenticity and traceability. Authorized public entities, including cybersecurity services and competent state bodies, will verify the data before courts accept it. Authorities aim to secure the judicial use of digital data and to limit manipulation and falsification risks.

Through this amendment, authorities seek to strengthen the reliability of investigations and to enhance the protection of litigants. The formal recognition of technical validation standards also aims to regulate prosecutions related to digital offenses, which have increased alongside the rapid expansion of digital usage in the country. Internet penetration now covers more than half of Gabon’s population, which increases the volume of digital interactions that may generate disputes.

The ordinance forms part of a broader regional movement to modernize African legal frameworks in response to digital transformation. Governments across the continent face a growing number of disputes related to electronic content, online transactions and information systems. At the international level, digital evidence continues to gain importance in criminal investigations. A study conducted by Israeli digital forensics specialist Cellebrite among more than 2,000 investigators, prosecutors and experts shows that 60% of respondents consider digital evidence more decisive than DNA in certain cases, while 74% state that its use improves investigation resolution rates.

According to Gabonese authorities, the ordinance will enter into force after publication in the Official Gazette, in line with legislative promulgation procedures. Authorities consider the reform a first step toward modernizing the judicial handling of digital offenses and strengthening legal certainty in criminal matters in line with the country’s technological evolution.

Samira Njoya