Judicial experts speak on emerging trends in admissibility of documents and evidence electronically generated

[WORKSHOP REPORT] The world has since evolved from the stone age to a digital age, signposting a shift from the old ways and conservative method of doing things to a liberal and progressive approach.

In the past, it was a Heculean task especially in the law profession for lawyers to tender electronic generated evidence before a court of competent jurisdiction because judges would not have any of that.

However, with the amendment of Section 84 of the Evidence Act, the possibility of admissibility of electronically generated evidence has become a possibility.

The ways to go about this came to the fore last week Tuesday when the Edo State Ministry of Justice in collaboration with the Forum Against Counterfeiting organised a workshop on Relevance and Admissibility of Electronically Generated Evidence and Other Emerging Trends in the Admissibility of Documents for legal officers in the state Ministry of Justice.

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In his welcome remarks, expectations and objectives of the workshop, the Edo State Attorney General and Commissioner for Justice, Oluwole Osaze Uzzi, noted that the relevance of electronically generated documents had been an issue in the Nigeria judicial system, adding that there is no time than now to look at the various issues involved.

He said the objective of the workshop is to enrich lawyers working in the state on how to tender documents in the court through the computer and other electronic gadgets to enrich their knowledge on this and other relevant issues like fundamentals of legal research, judicial approach to admissibility of electronic evidence, the emerging principles, hence, the assembling of Judges (serving and retired) who have seen it all in the adjudication of matters relating thereof.

The workshop was divided into four sessions: the first dwell on the Critical Appraisal of the relevance and Admissibility of Electronically Generated Evidence under the Evidence Act, delivered by Hon. Justice Alaba Omolaye Ajileye, Phd (Rtd); the second session, on the Judicial Approach to Admissibility of Electronic Evidence and Emerging Principles/Expert Weight, by same retired Justice Ajileye.

The two papers dwell on three criteria for admissibility of electronically generated evidence namely; relevance of the document to your case, satisfying the provisions of the law and facts that must be evidence pleaded.

The retired judge gave a historical background of Electronic Evidence, which according to his began in Nigeria in 1969 when the Supreme Court then posited that “the law must not be ignorant of modern times”.

Ajileye, also mentioned different approaches to electronic evidence in a typical Nigerian court since a counsel definitely will meet two types of courts. The conservative and the liberal/progressive minded. He further gave a synopsis of how the court has faired regarding the recognition of electronic evidence, some of the cases decided by the court, circumstances and exceptions.

The third session was a paper on Judicial Approach to the Admissibility of Evidence and the Emerging Principles; Reconciling the Supreme Court’s decisions in Benjamin v. Kalio and Abdullahi v. Adetutu, delivered by Hon. Justice Peter Akhime Akhihiero, a Judge of the Edo State High Court which talked about challenges and unresolved conflicting authorities of the Suprior Court in item 23 of Exclusive Legislative list that has to do with land instrument

Also delivered was a paper on Fundamentals of Legal Research by Dr. Anthony Idigbe, SAN, a Senior Partner, PUNUKA Attorneys and Solicitors.

Idigbe who spoke virtually, talked on the importance of research as a means of facilitating a matter in court, gave a simple methodology or approach which he tagged: “TARP”. T for the thing, subject matter, A for the cause of Action, R for Relief sought in a matter, and P for Persons or persons involved and their relationship.

The workshop also witnessed two panel discussions chaired by the Chief Judge of Edo State, Justice Daniel Okungbowa which featured discussants like Ogaga Ovrawa, SAN, former Attorney General and Commissioner for Justice, Edo State, Dr. Osagie Obayuwana among others.

Earlier in his goodwill message, the Chief Judge of Edo State, Justice Daniel Okungbowa, noted that the workshop came handy as it is in tandem with the state government’s stand to continue to upscale its judicial officer on modern tools in adjudication of justice.

Also in his message of felicitation, Chairman, Nigeria Bar Association (NBA), Benin branch, Nosa Edo-Osagie said as the world is moving from the stone age to a digital age, the workshop remained very apt and an important topic for all, adding that the essence of the gathering was to interrogate admissibility of evidence generated electronically.

According to him, “The law has risen to the fact that we are in a digital age and so, that electronic generated piece of evidence is admissible to the extent that it is proveable. So, in essence, I can tell you that globally, the idea of tendering evidence through electronic means have come to stay.”

■Written by Adibe Emenyonu originally for THISDAY.