July 21, 2020
CONTROVERSIES SURROUNDING THE CONSTITUTIONALITY OF THE VIRTUAL COURT PROCEEDINGS HAVE FINALLY BEEN SETTLED BY THE SUPREME COURT!
By Felix Ayem (Associate)
INTRODUCTION
The untold controversies about the constitutionality or otherwise that greeted the introduction of the virtual court proceedings by some states’ judiciaries in Nigeria seem to have come to an end following the recent pronouncement of the Apex Court on the matter.
Recall that few weeks ago, the Lagos State government and some other states released guidelines or Practice Directions for remote conduct of court proceedings using modern technologies such as zoom, WhatsApp, Microsoft Teams, Skype, etc to keep alive, the administration of justice during the lingering COVID-19 pandemic.
The foregoing, generated serious controversies from the general public with most senior lawyers rendering their revered voices on whether the conduct of virtual court proceedings is constitutional or otherwise.
The controversy also prompted the National Assembly to introduce a Bill for an Act to amend the Constitution of the Federal Republic of Nigeria to accommodate or rather legalise the conduct of virtual court proceedings in Nigeria. This did not go down well with Lagos and Ekiti States where implementation of the Practice Directions for remote hearing had already commenced.
Lagos State in particular was apprehensive that if the National Assembly is allowed to proceed with the passage of the bill and the constitution is consequently amended, it will mean that all virtual court proceedings conducted and decisions taken thereof by those courts would be voided. In light of that, the two States approached the Supreme Court for a decisive determination on the issue of constitutionality or otherwise of the virtual court proceedings already ongoing in those states and in fact, any other state in Nigeria.
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