The Court of Appeal, Abuja Division has ordered the Bayelsa State Governorship Election Tribunal to play in the open court the video recording tendered as evidence by former Governor of the State, Timipre Sylva.
In a unanimous judgment on an interlocutory appeal filed by Sylva, the appellate court set aside the ruling of the Tribunal delivered on May 10, 2016, which rejected the request of Sylva to play the video.
In the judgement delivered by Justice Onyeakachi Ottis, the court said contrary to the decision of the Tribunal, the appellant complied with the conditions precedent stipulated in Section 84 of the Evidence Act on the admissibility of electronically generated evidence.
The court held that it was wrong of the tribunal to misapply Section 84 to dent the appellant the right to play the video in the open court to justify his petition against the election of Governor Seriake Dickson.
The court said once the evidence has been admitted, having met all the conditions under Section 84 of the evidence act, there was no need for the demand for any certificate before any computer can play the evidence.
Consequently, the court ordered the Tribunal to recall the petitioner’s witness Number 51 to play the said video in open court.
The court said in the first instance, the video was pleaded and that it was relevant to the petition and that it also conforms with the law on electronically generated document.
The appellant had sought to have the video played in the Tribunal as part of evidence to prove election malpractices, but he was denied the opportunity by the Tribunal on the ground that there is no authority to that effect.
The Appeal Court said since the video was admitted into evidence in line with section 84, and the foundation for the admission was well laid and well pleaded in the petition, it is not the decision of the judiciary to supply any authority other than to follow the law in the circumstances.
The court said there ought not to be any inhibition to the playing of the video in the open court by the Tribunal because all conditions prescribed by law have been fulfilled by the appellant.
The court also said the video ought to be played by the tribunal in the open court so as not to make it a sleeping exhibit.
Reacting to the judgement, Sebastine Hon, who stood for the appellant, described it as a milestone in the development of Nigeria’s laws and that it will go a long way in strengthening the laws.
Hon also said that justice had been done to the case of Sylva in his petition challenging the election of Governor Dickson.
In his own comment, Emeka Etiaba, counsel to Dickson, said the judgement will be studied by his client and may go to the higher court if need be.
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