Lawyers Tasked on Effective Use of Oral Advocacy, Electronic Evidence

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Lawyers in the country have been charged to deepen their skills in the areas of oral advocacy, generation and presentation of electronic evidence, so as to be in a position to advance the cause of their client in view of the emerging trends in Information and Communication Technology (ICT).

The charge which was made at a three-day workshop on Oral Advocacy and Electronic Evidence, is coming on the heels of the important role technology now plays in business, and the resolution of technologically related disputes.

The workshop which held in Abuja, was put together by Attorney General Alliance/ Africa Alaince Partnership (AGA/AAP), in conjunction with the Nigerian Institute of Advanced Legal Studies (NIALS).

Speaking at the occasion, Director-General of NIALS, Prof. Muhammed Ladan, harped on the need for both prosecution and defence Lawyers to have afull grasp of the concept, and the place of electronic evidence in modern day jurisprudence.

According to the DG, 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 law Professor, 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 to 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.

Ladan added that, Lawyers should also consider that, evenif 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 and 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.

On his part, AGA/AAP Board Member, Markus Green, observed that, skills in Oral Advocacy and Electronic Evidence are necessary tools for Lawyers to perform optimally, in modern times. He said the AGA/AAP recognising this fact, decided to partner with Nigerian 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 arguments 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, Lawyers will be equipped with how to effectively deal with electronic evidence, and how to marshal out evidence in form of an argument, craft a closing statement, do crossexamination, as well as direct examination.

Also speaking, a senior Partner at Punuka Attorneys and Solicitors, Chief Anthony Idigbe, SAN, disclosed that the workshop is part ofthe general training programme Punuka runs with Attorney General Alliance of the United States and the African Alliance Partnership, to improve the justice sector in Nigeria.

Chief Idigbe submitted that, advocacy is crucial in the maintenance of the rule of law, and, as such, every advocate must possess good skills in advocacy, to be able to pursue properly, the ultimate aim of the justice system, which according to him, is the pursuit of justice itself.

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.

The three-day workshop was attended by prosecutors, defence counsel, Judges and policy makers, amongst others.