When an electronically generated document which has been admitted in
evidence, upon fulfilling all preconditions and it is not taken as read by
consent, then it ought to be demonstrated or played to prove facts alleged
otherwise it remains closed or a sleeping document."
In the case of DICKSON V SLWA (SUPRA) (P 209, paras. B-D)
The court went on to hold that electronically-generated
documents must be demonstrated in open court so as to
afford the proponent of the documents the opportunity of
linking them with their averments in their pleadings and
evidence on record, but more importantlv with a view to
opportunity of testing and contesting their accuracy in the
usual adversarial method of cross-examination. A.P.G.A. V,
AL-MAKURA (2016) s NWLR (PT. 1sO5) 316; OKEREKE V.
UMAHI (2016) 11 NWLR (PT. L524) 438; ONIBUDO V.
AKrBU (L982)7 SC 60.
The learned trial judge at page I47 of the record said
"Furthermorq thrs court examined the video recording, Exhibit
P1/P2, several times the video over and over again. At 02:35
02:58, 05:23 etc.... and proceeded to analyze and compare their
Exhlbit Pl and P3 as per the ingredients of kidnapping ..."
This means that only the learned trial judge saw and viewed it in private,
this amounts to cloister justice and examining evidence in the secret of the
private chambers of the trial court.
In HON HENRY SERIAKE DICKSON V CHIEF TIMIPRE
MARLYN
SLWA & ORS (2016) LPELR-4L257 (SC), AKAAHS JSC at page 67-69
held;
cA.AS.40C.2o22
L7 |Pa6;c