By Abdulwahab Abdulah and Jane Echewedo

Justice Lateef Lawal-Akapo has fixed Tuesday to rule on the admissibility or otherwise of the evidence  contained in a Compact Disc (CD) video recording of the building collapse at the Synagogue Church of All Nations (SCOAN) building on September 2014.

At the resumed hearing of the case on Monday, the  defence team had objected to the admissibility into evidence  of a Compact Disc (CD) video recording of the building collapse which led to arguments between the parties.

The CD is purportedly containing a Close Circuit Television (CCTV) recording of an aircraft hovering above the building shortly before its collapse.

The two engineers who constructed the  collapsed Synagogue guest house, their companies, Adrock construction company and Jandy Trust Ltd and the Trustees of the church are presently facing 101 criminal charges of manslaughter before the state High Court.

Shortly after the state represented by Director of Public Prosecution, DPP, Mrs Idowu Alakija tendered the copy of the CD allegedly received from the General Overseer of the church, Pastor Temitope Joshua, it was objected to by the defence counsels.

Leading the objections was Chief E.L Akpofure (SAN), representing the church, who opposed the admissibility of the CD during continuation of the testimony  of Mr Olutoyin Ayinde, a former Lagos State Commissioner of Physical Planning and Urban Development.

Akpofure said: “I am objecting My Lord in the first place to the admissibility of document sought to be tendered by the prosecution because it has been labeled by the witness as being computer generated.

“Going by the evidence of the witness who said ‘until I watch the CD, I won’t be in a position to ascertain whether this is the video I am referring to in my evidence.’

“This witness is not in a position to tender this evidence until he sees the content and identifies same.

“This document is labeled as a Certified True Copy (CTC) of planning permit, which has nothing to do with the video the witness is talking about and from his own evidence, the computer that produced the recording was not operated by him.”

Taken queue from Akpofure was Mrs Titi Akinlawon, SAN who in her objection submitted: “It is only the maker of a document that can tender it as evidence according to Section 83 of the Evidence Act.

“This document was not certified by him and on the strength of this, I admit that the document cannot be admitted as evidence.”

While objecting, Mr Olalekan Ojo said: “The document is a copy of the original recording that was given to the Lagos State Government by the General Overseer of SCOAN.

“Being a copy, it is my general submission that for admissibility in evidence, the prosecution has a duty to have what is being sought to be tendered by them authenticated by the church being the maker of the evidence.

“I submit that the document is inadmissible in law because it is a secondary evidence of the original.”

Earlier,  Ayinde while being led in evidence by  Alakija had told the court that he could not identify the contents of the CD until he viewed its contents.

“We had sent a copy of the CD to the Nigerian Civil Aviation Authority (NCAA) and the Ministry of Justice and at the time of the incident, other copies were made for personal use of some individuals, the video which went viral on the internet was also downloaded by the public.

“In my office, my Personal Assistant used a HP laptop to reproduce copies which was a normal process, the laptop was used for official work and as at the time of me leaving office, that laptop was still in good condition.

However, until I watch the contents of the CD about to be tendered as evidence, I won’t be in a position to ascertain whether this is the video I am referring to,” Ayinde said.

The matter continue Tuesday.