THE Court of Appeal, Abuja Division, has ordered the Bayelsa State Governorship Election Tribunal to play in open court the DVD recording tendered as evidence by former Governor Timipre Sylva.
In a unanimous judgement on an interlocutory appeal filed by Sylva, the appellate court set aside the ruling of the Tribunal delivered on May 10, 2016 which rejected the request of Sylva to play the DVD.
In the judgement delivered by Justice Onyeakachi Ottis, the court said that contrary to the decision of the Tribunal, the appellant complied with the conditions precedence stipulated in Section 84 of the Evidence Act on the admissibility of electronically generated evidence.
The court held that it was wrong of the tribunal to misapply Section 84 and deny the appellant the right to play the DVD in the open court to justify his petition against the election of Governor Seriake Dickson.
The court said that once the evidence have been admitted haven met all the conditions under Section 84 of the Evidence Act, there was no need for the demand for any certificate before any computer can play the evidence.
