The supreme court of Nigeria has struck out 2 separate cases instituted by the Lagos and Ekiti state governments challenging the constitutionality of virtual proceedings by Nigerian courts due to the coronavirus pandemic.
The cases were struck out on the grounds that they were speculative and had no cause of action.
Virtual proceedings were introduced in courts as a result of the cOVID-19 pandemic in order to limit the potential of exposure to the virus by court users while keeping the wheels of justice running.
However, opinions have been divided among lawyers on the legality of the directive. A number of high courts including those in Lagos, Ogun, FCT and Borno states have proceeded to implement the guidelines while many states have been adamant in their opposition to the directive insisting that only a constitutional amendment or pronouncement by the supreme court can ensure the legality of virtual court hearings.
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Based on this, the Lagos state attorney-general approached the apex court to argue the propriety of the virtual court sittings. The counsel for Lagos state, Moyosore onigbanjo had argued that the adoption of virtual procedure, had prevented some judges from sitting because of the legality or illegality of the system.
Similarly, the Ekiti state attorney-general, Wale fapohunda said the judges in the state had refused to sit virtually as well.
The applicants were essentially asking the supreme court to determine whether having regard to section 36 subsection 1, 3 and 4 of the 1999 constitution on the use of video technology of any kind by the states high court or any other courts in Nigeria cases are constitutional.
They also wanted the court to determine whether in view of the powers conferred on the chief judge of a state under section 274 of the constitution,
Having exercised such power to regulate the practice and procedure of the high court of lagos state through the issuance of practice directions for virtual hearings, the National assembly, can usurp the powers of the chief judge of Lagos state to include virtual or remote hearings
The panel led by justice Bode rhodes -vivour held that virtual proceedings by courts in Nigeria remain constitutional until laws reversing the system come into force.
Both counsel however applied to withdraw the suit, which was eventually struck out for being speculative and not having any cause of action.
(editor: terverr tyav)
