video recording • Helar

Q226. Once an electronic generated evidence is admitted by the court, does this mean the court will automatically attach weight to the evidence?**

No. The fact that a piece of evidence is admitted is no guarantee that it will be accorded any weight of course, once the requirement under section 84(2) and (4) of the Evidence ACT, 2011 is satisfied, such evidence is admissible. However, this does not automatically attach probative weight to the document. Dalek Nig. Ltd V. OMPADEC (2007) 7 NWLR (Pt. 1033) 402.
Once an electronic generated evidence is admitted by the court, does this mean the court will automatically attach weight to the evidence?

Q227. What are those things or factors the court will consider in determining the probative value or weight to attach to a piece of evidence before it?

In estimating the weight to be attached to a statement rendered admissible as evidence, regard is made to all the circumstances from which any inference can reasonably be drawn by the court as to the accuracy or otherwise of the statement. Section 34(1) Evidence Act, 2011 .

Q228. Will a video recording made by a person interested at a time when litigation is anticipated be admissible in evidence?

Where a person interested at a time when litigation are anticipation proceed to make a video recording, such video will not be received in evidence as evidence or document made by a person interested at a time when litigation are anticipated may not be received in evidence. Chime V. Onyia (2009) All FWLR (Pt. 480) 673 CA.

Q229. Does a video tape or video recording of events by a broadcasting house fall under a public document that must be certified for it to be admissible in court as evidence?

Yes. Where a video tape is from a broadcasting house created by statute, it is either the original of any such recording or a certified true copy thereof that is admissible after fulfilment of the stipulated conditions in Section 84(2) and (4) Evidence Act, 2011. Take for instance a broadcast by the Nigerian Television Authority (NTA) qualifies as an act of an official body as envisaged by section 102(a)(ii) Evidence Act, 2011 as such, it is only the original or the certified true copy of the broadcast by the NTA that may be produced and admitted in evidence and nothing more or less is admissible. INEC V. Action Congress (2009) 2 NWLR (Pt. 1126) 524 CA.

Q230. In a situation where that video recording is a public document, will that video recording fall under a public document that must be certified for it to be admissible in court as evidence?

Yes. Where a video tape is from a broadcasting house created by statute, it is either the original of any such recording or a certified true copy thereof that is admissible after fulfilment of the stipulated conditions in Section 84(2) and (4) Evidence Act, 2011. Take for instance a broadcast by the Nigerian Television Authority (NTA) qualifies as an act of an official body as envisaged by section 102(a)(ii) Evidence Act, 2011 as such, it is only the original or the certified true copy of the broadcast by the NTA that may be produced and admitted in evidence and nothing more or less is admissible. INEC V. Action Congress (2009) 2 NWLR (Pt. 1126) 524 CA.