Workshop on Emerging Trends in Admissibility of Documents, Electronically Generated Evidence

Adibe Emenyonu in Benin City

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 likelihood of admissibility of electronically generated evidence has become a possibility. The way to go about this, came to the fore last Tuesday, when the Edo State Ministry of Justice in collaboration with the Forum Against Counterfeiting, organised a workshop on the ‘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’.

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 has been an issue in the Nigeria judicial system, adding that there is no better time than now to look at the various issues involved.

He said the objective of the workshop was 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 dwelt 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 Justice Ajileye. The two papers dwelt 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 him, 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 counsel will definitely meet two types of courts – the conservative and the liberal/progressive minded. He further gave a synopsis of how the court has fared 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 Superior Court in item 23 of Exclusive Legislative list that has to do with land instruments.

Dr Anthony Idigbe, SAN, Senior Partner, Punuka Attorneys and Solicitors, also delivered was a paper on ‘Fundamentals of Legal Research’. 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, Ogaga Ovrawa, SAN, former Attorney-General and Commissioner for Justice, Edo State, Dr Osagie Obayuwana among others.

Eko Atlantic City Dredging Suit: Court Reserves May 8 for Closing Arguments 

Stories by Steve Aya

The Federal High Court sitting in Lagos will, on May 8, 2024, listen to the closing arguments in a case seeking to declare as illegal the ongoing dredging and land reclamation operations of Dredging Environmental Marine and Engineer N.V. employed by Gilbert and Ronald Chagoury in the Kuramo Waters of Victoria Island. This area has been designated by the Chagoury brothers, under the Eko Atlantic Phases II-VI. 

The Plaintiff in the suit, in addition to seeking damages for negligent dredging damage and devaluation to property, is also seeking a restoration of the Kuramo Waters to its original condition under the court’s supervision. The claims are based on the negligent dredging causing physical and economic damage to property, as well as damage to the marine environment. The environmental part of the claim, is based on the paramount importance of the Kuramo Waters as a natural overflow and drain to-the Atlantic Ocean of Five Cowrie Creek and Victoria Island respectively, during the rainy season and when severe flooding occurs. The ongoing dredging operations are aimed at sealing up the Kuramo Waters, in a bid to create even more land for the Chagoury brothers’ Eko Atlantic project. The claim by the Plaintiff is that the consequences of these phases of land reclamation will eradicate the efficacy of the Kuramo Waters, a body of water without which Victoria Island will become subjected to heavy floods and gradually go under water. 

Expert evidence from an internationally renowned Oceanographer based in Washington have been adduced in the suit, to the effect that the Kuramo Waters has existed as a natural body of water serving Victoria Island as long as Lagos has existed. The consequences of the ongoing dredging which has been intensified by the Belgian dredger owners since June 2023 to date, is to destroy property values, investments and livelihoods of Nigerian nationals along the Kuramo waters shoreline and beyond, especially now, at a time of economic hardship in the country. The suit number is FHC/L/CS/1329/2015, Mondinvest Limited v M.V. Breughel 2. Master of the M. V. Breughel 3. Dredging Environmental Marine Engineering N.V. (Belgium) and claims damages for negligent, unlawful and illegal dredging by the Defendants, a globally recognised dredger operator. 

At the resumed sitting on Tuesday, February 20, 2024, the Plaintiff’s counsel, Mr Olumide Aju, SAN, concluded his cross-examination of the defence Expert witness, Prof Lucian Chukwu. Upon the completion of the cross-examination, the presiding Judge, Honourable Justìce Daniel Emeka Osiagor then went on to reserve May 8, 2024, for the closing arguments. It will be remembered that Mondinvest Limited, the Plaintiff, has been in court for over 8 years with Defendants. 

In earlier proceedings before Justice Jude Dagat of the Federal High Court, Lagos who was previously adjudicating the matter, Honourable Justìce Dagat in a judgement in March 2016, had refused an application for the suit’s dismissal filed by the dredger’s owners. He held that the Plaintiff, Mondinvest Limited, had a good cause of action against the dredger owners.

NBA-SLP Highlights its Activities at Jos NEC Meeting 

The Nigerian Bar Association’s Section on Legal Practice (NBA-SLP) highlighted its major activities, at the just concluded NEC meeting of the Association in Jos. 

Its report presented by the Section’s Chair, Mrs Boma Alabi, SAN, said ‘SLP has embarked a series of trainings/webinars in the coming weeks of this quarter of 2024.

‘The Alternative Dispute Resolution Committee chaired by Mr Isaiah Bozimo, SAN, is scheduled to hold a free workshop on the 19th of February, 2024 at the Hon. Justice Umezulike Auditorium, Enugu State High Court, Aguleri Street, Independence Layout. The workshop will focus on “Actionable Strategies for Mediation After Court Referrals”. This workshop aims to equip legal practitioners with practical skills & insights to address common challenges in mediation effectively. Speakers at the workshop are: Caroline Etuk (Director, Enugu State Multidoor Courthouse) and Achere Cole FCIArb (Ag. Director, Lagos State Multidoor Courthouse).

‘The Litigation Committee chaired by Mr Tonye Krukrubo, SAN will be organising a Seminar themed, “Legal Practice in Nigeria: Reinforcing Ethical Behaviour”. The seminar will be centred on addressing behaviours of legal practitioners in the legal profession, how to strengthen ethical guidelines and enforcement mechanisms, and most importantly, reinforcing ethical behaviours to international best practices thereby providing solutions to these issues. The event is scheduled to hold in March 2024 (date, time and venue will be communicated to members soonest).

‘The Section is currently reviewing articles for the next publication, which will be released in the following weeks. Once released, it will be distributed on all electronic platforms, and made available to registered members of the Section. Members of the Bar are welcome to send in their contributions of not more than 1200 – 1800 words, and this should be forwarded to info@nbaslp.org. We encourage members of the Bar to read and take away something of value from the SLP Newsletter.

‘The SLP Law Journal, is an annual publication of the Section. The Journal is an accredited professional and academic law journal. Volumes 4-9 of the Journal, are still available for purchase. The Section is grateful to colleagues at the Bar and in the Academia, for their continued support.’  

SLP Monthly Healthcare Tips

‘The Committee on Medicine and the Law of the Section, has consistently been publishing its monthly Healthcare tip for members of the Bar. Since inception, five series have been published. We urge members to keep and maintain a healthy lifestyle.’ 

Boma Alabi, SAN invited members of the Bar to join NBA-SLP, to benefit from its series of activities lined up for 2024. 

President and CEO of TAG Alliances Visits Nigeria

A Lagos based commercial law firm, Gbenga Biobaku & Co, in conjunction Phillips Akindele & Co, last week played host to Mr Richard Attisha, President & CEO of TAG Alliances, and Mr. Paul Tauber, a member of the TAGLaw Advisory Board, at their offices in Lagos. TAG Alliances is a leading multi-disciplinary alliance of independent professional services firms, covering over 110 countries including TAGLaw for law firms, TIAG for accounting firms, and TAG-SP for strategic partners.

A warm cocktail reception was held at Pitstop restaurant in Victoria Island, Lagos, on February 15, 2024, attended by clients and friends of the Host Firms. Mr Richard Attisha and Mr Paul Tauber expressed their gratitude for the hospitality and highlighted the importance of collaboration between the firms in Nigeria and other countries within the TAG Alliances network, aiming to build stronger relationships and enhance client services. They also expressed excitement about future collaborations and meetings at TAG Alliances conferences.