From Godwin Tsa, Abuja
THE Supreme Court yesterday ordered Bayelsa State Governorship Election Tribunal sitting in Abuja to see the Digital Video Disc (DVD) tendered by the All Progressives Congress (APC) governorship candidate in the state, Timipre Sylva, in his bid to prove his petition against Governor Seriake Dickson.
The DVD, which was electronic generated evidence, contained a press conference by the state Resident Electoral Commissioner (REC), Baritor Kpaghi, announcing the cancellation of the governorship election in Southern Ijaw Local Government Area of the state.
The full panel of the apex court, which affirmed the judgment of Court of Appeal delivered by Justice Onyekachi Otisi, unanimously dismissed the appeal filed by Governor Dickson as being ‘wholly un meritorious’.
The apex court agreed with counsel to Sylva, Mr. Sebastine Hon that the objection of Governor Dickson against the playing of the video by the tribunal was misplaced, unwarranted, baseless, lacking in merit.
In a unanimous judgment of full panel of seven justices delivered by Justice Chime Centus Nweze, the apex court held that the foundation for the admission of the videotape was properly laid by the petitioners in compliance with the requirements of section 84 of the Evidence Act in their petitions.
Justice Nwaeze directed that the witness (PW51), Mr. Emmanuel Ogunseye, who produced the videotape should be allowed by the tribunal to demonstrate it in the open court in the interest of justice, having complied with the relevant laws.
The court held that counsel to the appellant, Mr. Tayo Oyetibo’s objection to the demonstration of the videotape rail-roaded the tribunal into unwarranted exercise, adding, “this is the fallacious piece of reasoning because section 84 of the Evidence Act did not require the production of two certificates before electronically generated evidence can be demonstrated in court.
“The court has no power in making a cluster enquiry outside the evidence adduced before the tribunal as far as the videotapes already admitted in evidence by the tribunal is concerned.”
Justice Nweze added that in the instant case the single certificate tendered by the witness had satisfied section 84 of the Evidence Act and therefore there was no need for any hindrance to be put forward before the exhibit in question can be demonstrated.
“Demonstrating the evidence in court will allow the applicant to link the evidence and also allow the opponent to test and contest the accuracy of the said evidence.
“In conclusion, I found that the appeal by the appellant is wholly unmeritorious and is dismissed and that the judgment of the Court of Appeal delivered on June 24 is hereby affirmed,” Justice Nweze.
The Justice Kazeem Alogba-led Election tribunal had in its ruling on May 10, 2016 rejected the public demonstration of an electronically-generated evidence to the hearing of the tribunal after it had been admitted in evidence.