Bata Vs. Salsa: Customary Court Okays Virtual Hearing Of Expert Evidence

A Customary Court sitting in Pyakasa, Lugbe, Abuja, FCT, has granted the motion filed by the Intellectual Property Lawyers Association Nigeria for the virtual hearing of Expert witnesses in Suit No. FCT/CC/PYS/CM/01/2021.

The motion which was filed by Mr. Folarin Aluko, of Trumann Rockwood Solicitors, lead counsel to IPLAN, prayed the Court for leave to hear the evidence of Yoruba Historians, Experts and Researchers, by virtual means, owing to COVID19 restrictions.

The Applicant urged the Court to grant the application citing the decision in Esso West Africa Inc. v. T. Oyegbola (1969) NMLR 198, 26 where the Supreme Court observed that “The law cannot be and is not ignorant of the modern business methods and must not shut its eyes to the mysteries of the computer”

The Court, in granting the prayers, acknowledged the positive impact of technology on access to justice and relied on Par. 4.5 and 4.6 of the Practice Directions on Remote Hearing of Sittings in the Federal Capital Territory Customary Court which were made pursuant to Section 61 of the Federal Capital Territory Customary Court Act.

Experts invited to give evidence in the suit include Mr. Opeyemi Raji, Mr. Seun Awobajo and Mr. Omolade Dalmas

Mr. Opeyemi Raji, an alumnus of Obafemi Awolowo University and the University of Ibadan is a Custodian of Yoruba Culture, Yoruba Historian, award-winning Dance Director, Choreographer and Practitioner of more than 40 years, two-time National 1st Vice President of the Guild of Nigerian Dance Practitioners, Director, Oyo State Council for Arts & Culture.

Mr. Seun Awobajo an alumni of the University of Lagos, Akoka, is the National Director for Youth & Children of the Guild of Nigerian Dance Practitioners. He is the founder of Footprints of David Art FOundation where he serves on the Board of Directors along with Professor Wole Soyinka, Sir Peter Badejo OBE and other distinguished persons. He is a Dance Director, Researcher and Choreographer.

Mr. Omolade Dalmas is a cultural administrator, dance historian, researcher, award-winning percussionist and dance practitioner. He is the founder of Ayan’jo Dance Company and a member of the National Troupe of Nigeria.

The novel suit which is Africa’s first dance suit, seeks judicial recognition, authentication and declaration of Bata dance of the Yoruba people of Southwest Nigeria, as the origin and source of Salsa.