Participants at the three-day workshop on Oral Advocacy and Electronic Evidence in Abuja have identified deepening of oral advocacy skills and mastery of the techniques of electronic evidence presentation as essential for lawyers to advance law practice in the country, JOHN AUSTIN UNACHUKWU writes
WHAT are the conditions a lawyer must satisfy before generating electronic evidence? Is oral advocacy still a useful skill for lawyers? These and more were the focus of a three-day workshop on electronic evidence, which held in Abuja.
It was organised by Attorney-General Alliance/Africa Alliance Partnership (AGA/AAP), in conjunction with the Nigerian Institute of Advanced Legal Studies (NIALS).
Those who attended included judges, prosecutors, defence counsel, policy makers and other stakeholders. They observed that technology plays an important role in the business and resolution of technologically related disputes.
They said deepening their skills in oral advocacy, generation and presentation of electronic evidence will put lawyers in a position to advance the cause of their clients in view of the emerging trend in Information and Communication Technology (ICT).
Need to master electronic
evidence presentation
NIALS Director-General (DG), Prof. Muhammed Ladan harped on the need for both prosecution and defense lawyers to have a full grasp of the concept and place of electronic evidence in modern day jurisprudence.
According to the D-G, electronic evidence is fast gaining ground in Nigeria with more than 40 cases decided through the use of electronically generated evidence between 2011 and date.
The don, however, stressed that for lawyers to succeed in the deployment of electronically generated evidence in arguing their case in court, much attention must be place on presentation just as generating the said electronic evidence.
“Since 2011 till date we have nothing less than 40 cases decided where pieces of evidence electronically generated had been admitted, questioned with some asked to be re-evaluated.
“I think the trend on the part of our judiciary is understanding the need to attach weight because you can prepare as a prosecutor or as a lawyer and you can actually meet all the requirements, but the big question that follows the admissibility of such piece of evidence is the question that comes from the judges, what weight do I attach to this piece of evidence electronically generated and why should I attach the weight to it in the first instance?” he said.
Conditions for admitting
e-evidence
Ladan added that lawyers should also consider that even if the electronically generated evidence is important among other pieces of evidence, it is not the only evidence that a judge uses to decide a case.
He further disclosed that for electronic evidence to be accepted, it must be credible, reliable authenticated as required by Section 84 of the Evidence Act.
“So, it is not just generating electronic evidence from the server or computer or from the polling unit, it must be authenticated as required by Section 84.
“When you generate some electronic evidence you must meet the requirement of reliability, you must meet the requirement of authenticity and you must also meet the requirement that it can actually stand to prove a fact in the issue or fact relevant to the case,” he said.
Why AGA/AAP partnered
lawyers on oral advocacy,
electronic evidence
On his part, AGA/AAP Board Member, Markus Green, observed that skills in oral advocacy and electronic evidence were necessary tools for lawyers to perform optimally.
He said the AGA/AAP recognising this decided to partner lawyers to sharpen skills in these two areas.
“The effective, efficient administration of justice is what we are trying to get to; we want a fair functioning judiciary, a judicial system that works for everyone, and the ability to process, to understand electronic evidence, to understand the technologies that exist to process electronic evidence.
“Another part of the training is oral advocacy, understanding the need for lawyers to be able to stand and make a cohesive clear and concise argument to judges and advocate for their client. Our job as lawyers is to be the voice for the voiceless, fight for the individuals who do not have the knowledge, who do not have the understanding, be able to make those arguments effectively. If we are not doing that as lawyers, we are not doing our job; we are doing our clients a disservice”, he said.
As part of the training, he said, lawyers would be equipped with how to effectively deal with electronic evidence and how to marshal out evidence inform of an argument, craft a closing statement, do cross examination as well as direct examination.
Also, a senior partner at Punuka Attorneys and Solicitors, Chief Anthony Idigbe (SAN), disclosed that the workshop was part of the training Punuka runs with Attorney-General Alliance of the United States and the African alliance partnership to improve the justice sector.
Chief Idigbe submitted that advocacy was crucial in the maintenance of rule of law and as such every advocate must possess good skill in advocacy to pursue properly the ultimate aim of the justice system, which, according to him, is the pursuit of justice.
He expressed confidence that participants at the end of the training would be better equipped to advance the cause of their clients both in court and out of court.
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