Cross River State Chief Judge, His Lordship, Honourable Justice Akon Bassey Ikpeme has announced plans by the State Judiciary to set up a high powered Committee to develop a formal set of rules and guidelines for the operations of Electronic Evidences procedures in Magistrate Courts in the State.
Honourable Justice Ikpeme stated this in High Court 5, Judiciary Headquarters, Calabar last Friday while declaring open a one-day Virtual specialised training Workshop for Magistrates in Cross River State Judiciary on the Principles and Practice of Electronic Evidences in Judicial Proceedings".
The State Chief Judge maintained that the workshop is a strategic initiative aimed at strengthening the administration of justice in the digital age, emphasizing that the training underscores the importance of clear rules and guidelines to ensure electronic service is properly understood and applied.
Honourable Justice Ikpeme, who is also the Chairman of the Cross River State Judicial Service Commission cited instances where disputes arose due to changes in email addresses, stressing the necessity for timely notification to Registries whenever contact information changes.
The Chief Judge further noted that the establishment of this Committee to develop formal rules and procedures for electronic services is a reflection of the Judiciary’s commitment to modernising legal processes in line with technological advancements.
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She also expressed gratitude to Hon. Justice Prof. Alaba Omolaye Ajileye for delivering the lecture and emphasised the need for similar training programs to be extended to Judges across the State Judiciary..
In her opening remarks, the Chief Registrar of the Cross River State Judiciary, Mrs. Iquo Bassey, welcomed participants and acknowledged the presence of the virtual lecture, held at High Court Number 5 under the directive of the Honourable Chief Judge, which brought together Chief Magistrates, Senior Magistrates, and other Judicial officers for a refresher session focused on the practical application of electronic evidence provisions under the Evidence Act 2011 (as amended).
The training emphasized the increasing reliance on digital devices, electronic communications, and online records in both civil and criminal proceedings, highlighting the need for Magistrates to carefully assess issues of admissibility, authenticity, and evidential weight when handling electronically generated materials
Justice Prof. Alaba Omolaye Ajileye, in his lecture, traced the historical challenges Courts faced when electronic documents first emerged at a time when traditional evidence laws were primarily designed for physical documents. He highlighted how judicial attitudes and legislative reforms, including the introduction of Section 84 of the Evidence Act, have expanded the legal definition of documents to include electronic records, enabling courts to admit computer-generated evidence under defined conditions.
Section 84, as Prof. Ajileye explained, provides a framework requiring proof that a computer system was functioning properly, that the information supplied was accurate, and that the document had not been tampered with. The lecture emphasized the importance of certificates of compliance, which must identify the electronic document, describing its production process, and provide details of the device used, all signed by a responsible official.
The training also examined recent legal developments recognizing electronic records as valid documents which can be accessible for future reference. Prof. Ajileye cautioned against the potential for digital evidence manipulation, stressing strict adherence to legal safeguards to prevent fraudulent materials from being admitted in court. Participants were urged to carefully evaluate the foundation of each electronic exhibit and ensure proper demonstration in open court.
The workshop explored practical courtroom applications, including laying proper foundations before tendering electronic evidence, demonstrating digital exhibits in court, and understanding judicial precedents guiding electronic evidence admissibility, the conditions for admitting electronic evidence in court under Section 84(2) of the Evidence Act. The computer system must have been functioning properly when the document was produced, the information contained in the document must have been accurately supplied to the computer, the computer system must not have been affected by any malfunction or virus that could impact the document's accuracy, The document must not have been tampered with or altered in any way.
The one day training workshop also featured questions and answers from Participating Magistrates.
Benedict Okache & Rose Undie
