4/NEWS
26.04.2016
Kogi State Chief Judge, Hon. Justice Nasiru Ajanah (left) receiving a copy of the book from the publisher, Justice Alaba Omolaye-Ajileye
L-R: Hon. Justice Clara Bata-Ogunbiyi JSC, Hon. Justice George Oguntade JSC (rtd) Director General, Nigerian Institute of Advanced Legal Studies (NIALS), Professor Deji Adekunle and Judge Chile Eboe-Osuji of the ICC at the Founder’s Day Lecture of the NIALS in Lagos, last Monday
Admissibility of Electronically Generated Evidence in Courts Solved by Evidence Act -Kogi Chief Judge Yekini Jimoh in Lokoja
Kogi Chief Judge Justice Nasir Ajanah has stated that the agelong problem of admissibility of electronically generated evidence in law courts has been solved by relevant sections of the Evidence Act 2011 (As amended). According to him, problems of admissibility of electronic evidence in Nigeria hitherto posed some challenges to legal practitioners in the courts as the old Evidence Act, was not in line with global reality. The Chief Judge disclosed this at the formal presentation of the book: ''A Guide to Admissibility of Electronic Evidence'' authored by Hon. Justice Alaba Omolaye-Ajileye to him in Lokoja. He further stated that the old Evidence Act was ''Anachronistic and not in line with global reality'' adding that the law predated the ICT age and had to change to give way for new innovations. With the passage of time, he noted, the surge in the use
of electronic devices in both business transactions and day-to-day personal relationships underscored the need for change. Ajanah further revealed that after the initial uncertainties ''A combination of Sections 84 and 258 of the Evidence Act 2011 classifies electronic evidence in the category of documents and its admissibility made clear.'' The Chief Judge commended the author for delving into a dissemination of knowledge by authoring a legal work of such a feat “It is a testimony of the resourcefulness, industry and intellectual capability of the writer.” ''The problem hitherto encountered regarding computer printouts, e-mail printouts, video cassettes, VCDs and tape recordings, documents generated from computers and ancillary issues was put to rest'', he observed and recommended the book to all legal practitioners.” Speaking earlier, reviewer of the book, Mr. Martin Idachaba described the seven chaptered
264-page book as an intellectual masterpiece. Idachaba who observed that the book was novel added that it dealt with among others issues, the general principles of admissibility of electronic evidence, trial, evidence, facts and comparative analysis of issues surrounding admissibility of computer generated evidence. In his remarks, author of the book, Justice Alaba Omolaye-Ajileye emphasised that he was motivated to write the book in 2009, when he attended the 2nd Seminar on Economic and Financial Crimes for English Speaking Judges of the Economic Community of West African State that took place in Accra, Ghana. He stated in his opening remarks, that the Director-General of the Inter-Governmental Action Group Against Money Laundering in West Africa (GIABA) observed with regret that most financial crimes in West Africa were committed electronically but yet electronic documents generated from computers were
still inadmissible in evidence in most West African Countries. According to him, he took up the challenge from his remark, by researching into the law in relation to the situation in Nigeria. "I found a disturbing trend by which documents generated from computers were being rejected as inadmissible in judicial proceedings in Nigeria because, the old Evidence Act did not recognise such documents or on the ground that there was no legislative amendment to take care of same" he said. He stressed that the outcome of the research was a small pamphlet he wrote in 2010 entitled: Admissibility of Electronic Evidence: The Journey So Far in Nigeria. He mentioned in the book, that he advocated that Nigerian Courts, be proactive in treating issues relating to admissibility electronic evidence in order to move with the rest of the world. "In 2011, the Old Evidence Act was repealed and the Evidence Act 2011 was enacted, Specifi-
cally, Section 84 of the Evidence Act 2011 makes provision for the admissibility of electronically generated documents. This book, is, therefore, an update of the 2010 booklet" he declared. Justice Omolaye-Ajileye noted that there is no doubt that old things are passing away as we can no longer deny that we live in the age of computers. Stressing that one defining feature of our time is the omnipresence of technology which has defined or re-defined how we live, work or think. "There is also the prevalence of Internet access which has affected every human endeavour. The legal system has equally been affected by the computer revolution. This has fundamentally affected the way legal proceedings are conducted. Information gathered from electronic devices now feature in our courts regularly". He emphasised According to him, the book has come to fill a gap in Nigerian Jurisprudence, created by a paucity of texts
and authorities on the subject of electronic evidence and also as a guide to assist lawyers, prosecutors, and courts in treating the subject with ease. He thanked the Chief Justice of Nigeria, Justice Mahmud Mohammed for writing the foreword of the book. He explained that the book was meant to be a guide on the application of the provisions of section 84 and 258 of the Evidence Act. Omolaye-Ajileye held that the non-admissibility of electronic evidence by the courts provided cover for financial crime offenders until 2011 when it was amended and even after that, lawyers still found it difficult to tender electronic evidence. Goodwill messages poured in from President of Kogi Customary Court of Appeal, Justice Shaibu Atadoga, the state Grand Khadi, Justice Zakariya Idakwoji and Justice Phoebe Ayilla, Judge of the Federal High Court, Lokoja among others from both the Bench and Bar.
NIALS Founder’s Day, Judge Osuji Speaks Consortium Led By A Nigerian UK Based on Africa’s Developmental Challenges Lawyer Acquires Wema
Jude Igbanoi
Africa’s quest for true economic development will only be a mirage if the continent does not accept the critical role of the rule of law. This was the submission of Judge Chile Eboe-Osuji at the Founder’s Day Lecture of the Nigerian Institute of Advanced Legal Studies in Lagos last Monday. Osuji who is a judge of the International Criminal Court at the Hague in Netherlands was the distinguished lecturer at the annual event which was attended by eminent legal personalities and academics. His lecture was aptly titled ‘The Value of International Criminal Justice — Particularly the ICC — to Africa’s Quest for Economic Development’ Osuji pointed out that ‘in creating the ICC, the hope of the international community was to help curb armed conflicts and the atrocious crimes which they breed. ‘May I recall the observation
in the Rome Statute preamble that armed conflicts and the atrocity crimes that they breed do threaten the peace, security and well-being of the world.’ The thrust of his presentation as encapsulated in his paper was ‘We all agree, I’m sure, that economic development has much to do with the ‘well-being’ of the citizens of any nation. ‘The role of the ICC in fostering economic development was noted as follows in a judicial opinion that I delivered not too long ago at the ICC. It is not necessary to overwork any proposition that the ICC is an aid to economic development. Dr. Zuma, the President of the African Union Commission had adequately framed the proposition when she observed as follows “When the Assembly adopted the Constitutive Act in 2002, it was mindful of the fact that the scourge of conflicts constitutes a major impediment to the socio-economic development of the continent.”
He further explained the critical role of the ICC thus ‘It is indeed a matter of eminent common sense that one of the ICC’s main stocks in troubled places lies in the dividends of peace that it may help to foster there. It stands to promote the stability that allows children to go to school, good health and freedom to their parents to pursue productive activities, and the resultant economic growth that enables political leaders to exult in improvements in the human development index and the achievement of millennium development goals.’ He expressed displeasure at the campaign of calumny that some African countries have made against the ICC, noting that it is not only misplaced, but sad that the ICC has not been given its due credit and space for its current potential value to the African continent. He asserted that there is no truth in the allegation that the ICC is an instrument of neo-colonialism against African leaders.
Chairman of the occasion, Hon Justice Oguntade JSC (rtd) stated in his opening remarks that ‘Back home in Nigeria the scourge of terrorism has left in its trail myriad issues of humanitarian concerns such as the displacement of communities, reconciliation and the protection of victims of the scourge. At a time like this also, it behoves us to ensure that the mechanisms of accountability, by which I mean the criminal justice system, is strengthened. There is no doubt that the consistency of the Rule of Law is an indispensable and fundamental building block, for modern democratic society and economic development. The Rule of Law is also the foundation for a better quality of life for societies and people around the globe. The Rule of Law is our compass, our gravity. It ensures predictability, stability and fairness. Without it, we cannot function. Individuals cannot flourish, businesses cannot thrive, and society cannot grow.’
Bank’s UK Subsidiary
Akinwale Akintunde A consortium led by Mr Seyi Clement, a UK based Nigerian lawyer has completed the acquisition of Marina Nominees (UK) Limited, the UK based subsidiary of Wema Bank. Clement is the editor of Law Digest (Africa’s premier law journal) and the organiser of the Law Digest Africa Awards. Marina Nominees (UK) Limited was established by Wema Bank as an SPV to raise funds on the international capital market for investment in Nigeria’s financial services. In 2015, Clement advised the subsidiary and Wema Bank on a US$200,000,000.00 Tier II loan placement on the European Capital Market. The transaction involved the listing of redeemable Loan Notes on the Irish Stock Exchange and the Channel Islands Stock Exchange simultaneously.
A transaction which was described as one of the most complex transactions ever undertaken on the capital market, and sets a precedent in terms of deal structure. Clement praised the foresight of Wema Bank in establishing the subsidiary and thanked the bank for entrusting his consortium with the company. He said the consortium hopes to continue with the vision set by Wema Bank for the company, but will expand the investment targets to include real estate and agro-commodities. Clement practised with Yomi Okunnu & Associates before relocating to the UK to continue his practice. After qualifying as a solicitor in the UK, he worked in private practice with magic circle firms and in-house. He set up Augustine Clement as a boutique firm specialising in corporate finance.