Daily Law Tips (Tip 575) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
ISOLATION PERIOD FOR PHYSICALLY FILED DOCUMENTS IN
FEDERAL HIGH COURT OF NIGERIA.
Legal professional is said to be conservative, however, it is
conveniently more conservative in Africa. The judiciary in Nigeria,
was slow in marrying technology and remote hearing was far from
reality. Prison inmates missed their court hearing appointments due
to poor logistics, while students and small businesses held video
conferences in nearby homes, malls and private schools. Now,
Coronavirus (COVID-19) pandemic seems to have woken our taste for
technology or rather race for survival in legal profession and
practise.
Hurray, remote court hearing has become inevitable to the
conservative black and white profession. Hence, heads of courts
have issued practise directions for court affairs in this COVID-19
era. The first ever virtual court hearing in Nigeria, according to
National Television Authority (NTA) was in the case of State V. Ali
Mohammed (Suit BOHC/MG/CR/115/19, where the defendant was found not
guilty of murder) at Court 13 (presided over by Justice Fadawu
Umar), Borno State High Court, Maiduguri, Borno State. This
happened on 27 April 2020.
However, on 4th May 2020, the Chief Judge of Lagos State issued
Nigeria’s first known Practise Direction on virtual court hearing
(for courts in Lagos State). That is the Lagos State Judiciary’s
Remote Hearing of Cases (COVID-19 Pandemic Period) Practise
Direction with effect from 4th May 2020). Similar practise
directions allowing virtual court hearing as at 21 May 2020,
are;
1. The Federal High Court’s Practise Directions 2020 For The
COVID-19 Period with effect from 18 May 2020.
2. The High Court of the Federal Capital Territory, Abuja, COVID-19
Practise Direction 2020 with effect from 11 May 2020.
3. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19
Pandemic Period) Practise Direction 2 dated 15 May 2020), this was
to fill a gap in the earlier Practise Direction of 4th May 2020, by
specifying that virtual hearing is for cases that can be fully
heard and prosecuted with affidavit evidence without need for oral
evidence. This includes Fundamental Human Rights Cases, Originating
Summons, Originating Motions and Appeals.
4. Court of Appeal’s Guidelines for Expeditious Hearing of Matters
in Court and Tribunal. By Orders 3 and 4, the Court of Appeal
allows electronic filling and communication. This is an obvious
precursor to a detailed guideline for virtual hearing by the Court
of Appeal.
“The Federal High Court’s Practise Directions 2020 For The
COVID-19 Period” is applauded for not narrowing down virtual
hearing to only affidavit evidence based cases. It rather left this
to the discretion of parties and the court (however, I pray there
will be no Practise Direction 2, designed to narrow down applicable
cases for virtual hearing). Also, the Federal High Court’s Practise
Directions provides for both electronic and physical filling of
documents and court processes.
However, where physical documents are filed, they must be kept
in isolation for a period of (five) 5 days before being processed.
It is safe to conclude that this practise will give room for
coronavirus to be killed within the isolation period. It will also
promote electronic filing. This is a good example of adoption and
adaptation of process and procedure to fit the peculiarity of
Nigerian, since some conservative lawyers may prefer to go physical
even in this season of COVID-19.
My authorities, are:
1. Rule 2(a), Part C of the The Federal High Court’s Practise
Directions 2020 For The COVID-19.
2. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19
Pandemic Period) Practise Direction.
3. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19
Pandemic Period) Practise Direction 2 .
4. The High Court of the Federal Capital Territory, Abuja, COVID-19
Practise Direction 2020.
5. The Federal High Court’s Practise Directions 2020 For The
COVID-19 Period.
6. Court of Appeal’s Guidelines for Expeditious Hearing of Matters
in Court and Tribunal.
7. Mohammed M. Ali, ‘COVID-19: Borno Holds First Virtual Court
Session, Judge Acquits Man of Crime’ (Yenlive, 27 April 2020)
accessed 21 May 2020
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#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via info@LearnNigerianLaws.com or
onyekachi.umah@gmail.com or +2348037665878. To receive our free
Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws,
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Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to Onyekachi
Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of
copyright and will be prosecuted.
This publication is the writer’s view not a legal advice and
does not create any form of relationship. You may reach the writer
for more information.
Powered by www.LearnNigerianLaws.com {A Free Law Awareness
Program of Sabi Law Foundation, supported by the law firm of
Bezaleel Chambers International (BCI).}
Daily Law Tips (Tip 575) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
ISOLATION PERIOD FOR PHYSICALLY FILED DOCUMENTS IN
FEDERAL HIGH COURT OF NIGERIA.
Legal professional is said to be conservative, however, it is
conveniently more conservative in Africa. The judiciary in Nigeria,
was slow in marrying technology and remote hearing was far from
reality. Prison inmates missed their court hearing appointments due
to poor logistics, while students and small businesses held video
conferences in nearby homes, malls and private schools. Now,
Coronavirus (COVID-19) pandemic seems to have woken our taste for
technology or rather race for survival in legal profession and
practise.
Hurray, remote court hearing has become inevitable to the
conservative black and white profession. Hence, heads of courts
have issued practise directions for court affairs in this COVID-19
era. The first ever virtual court hearing in Nigeria, according to
National Television Authority (NTA) was in the case of State V. Ali
Mohammed (Suit BOHC/MG/CR/115/19, where the defendant was found not
guilty of murder) at Court 13 (presided over by Justice Fadawu
Umar), Borno State High Court, Maiduguri, Borno State. This
happened on 27 April 2020.
However, on 4th May 2020, the Chief Judge of Lagos State issued
Nigeria’s first known Practise Direction on virtual court hearing
(for courts in Lagos State). That is the Lagos State Judiciary’s
Remote Hearing of Cases (COVID-19 Pandemic Period) Practise
Direction with effect from 4th May 2020). Similar practise
directions allowing virtual court hearing as at 21 May 2020,
are;
1. The Federal High Court’s Practise Directions 2020 For The
COVID-19 Period with effect from 18 May 2020.
2. The High Court of the Federal Capital Territory, Abuja, COVID-19
Practise Direction 2020 with effect from 11 May 2020.
3. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19
Pandemic Period) Practise Direction 2 dated 15 May 2020), this was
to fill a gap in the earlier Practise Direction of 4th May 2020, by
specifying that virtual hearing is for cases that can be fully
heard and prosecuted with affidavit evidence without need for oral
evidence. This includes Fundamental Human Rights Cases, Originating
Summons, Originating Motions and Appeals.
4. Court of Appeal’s Guidelines for Expeditious Hearing of Matters
in Court and Tribunal. By Orders 3 and 4, the Court of Appeal
allows electronic filling and communication. This is an obvious
precursor to a detailed guideline for virtual hearing by the Court
of Appeal.
“The Federal High Court’s Practise Directions 2020 For The
COVID-19 Period” is applauded for not narrowing down virtual
hearing to only affidavit evidence based cases. It rather left this
to the discretion of parties and the court (however, I pray there
will be no Practise Direction 2, designed to narrow down applicable
cases for virtual hearing). Also, the Federal High Court’s Practise
Directions provides for both electronic and physical filling of
documents and court processes.
However, where physical documents are filed, they must be kept
in isolation for a period of (five) 5 days before being processed.
It is safe to conclude that this practise will give room for
coronavirus to be killed within the isolation period. It will also
promote electronic filing. This is a good example of adoption and
adaptation of process and procedure to fit the peculiarity of
Nigerian, since some conservative lawyers may prefer to go physical
even in this season of COVID-19.
My authorities, are:
1. Rule 2(a), Part C of the The Federal High Court’s Practise
Directions 2020 For The COVID-19.
2. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19
Pandemic Period) Practise Direction.
3. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19
Pandemic Period) Practise Direction 2 .
4. The High Court of the Federal Capital Territory, Abuja, COVID-19
Practise Direction 2020.
5. The Federal High Court’s Practise Directions 2020 For The
COVID-19 Period.
6. Court of Appeal’s Guidelines for Expeditious Hearing of Matters
in Court and Tribunal.
7. Mohammed M. Ali, ‘COVID-19: Borno Holds First Virtual Court
Session, Judge Acquits Man of Crime’ (Yenlive, 27 April 2020)
accessed 21 May 2020
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via info@LearnNigerianLaws.com or
onyekachi.umah@gmail.com or +2348037665878. To receive our free
Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws,
Instagram:
@LearnNigerianLaws and Twitter: @LearnNigeriaLaw
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to Onyekachi
Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of
copyright and will be prosecuted.
This publication is the writer’s view not a legal advice and
does not create any form of relationship. You may reach the writer
for more information.
Powered by www.LearnNigerianLaws.com {A Free Law Awareness
Program of Sabi Law Foundation, supported by the law firm of
Bezaleel Chambers International (BCI).}