Daily Law Tips (Tip 579) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
THE FIRST VIRTUAL COURT HEARING WAS IN BORNO STATE AND
NOT IN LAGOS STATE.
While arbitration and arbitrators have been enjoying remote
hearings in Nigeria, the courts seem to battling to join the new
normal. Arbitrators and counsel in Nigeria, have been handling
arbitral references (including very contentious matters) via
satellite technologies ahead of the Coronavirus (COVID-19) era,
with parties tendering documents and examining witnesses. The
recent cacophony of legal arguments on the propriety or otherwise
of virtual court hearings in Nigeria, amidst obvious constitutional
framework for same, is rather unnecessary.
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 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. The Chief Judge of Borno State (Justice Kashim Zannah)
stated that the virtual hearing was beyond a mere response to
COVID-19 rather it was born out of their desire to increase access
to justice in Borno State. This came ahead of the popular virtual
court hearing in Lagos State on 4 May 2020 in the case of Olalekan
Hammeed (often wrongly classified as the first virtual court
hearing in Nigeria, in place of the case of State V. Ali Mohammed
in Borno State).
However, the Chief Judge of Lagos State issued the first known
Practise Direction (Lagos State Judiciary’s Remote Hearing of Cases
[COVID-19 Pandemic Period] Practise Direction with effect from 4th
May 2020) designed to regulate virtual hearing among others.
Similar directions 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.
My authorities, are:
1. 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
8. Bolanle Olabitman, ‘Borno Sets Up Virtual Courtroom- First in
Nigeria’ (TheCable) accessed 21 May 2020.
9. Bukola Adebayo, ‘A Man Was Sentenced To Death Via Zoom In
Nigeria, Sparking Criticism From Rights Groups’ (CNN, 7 May 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).}
Daily Law Tips (Tip 579) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
THE FIRST VIRTUAL COURT HEARING WAS IN BORNO STATE AND
NOT IN LAGOS STATE.
While arbitration and arbitrators have been enjoying remote
hearings in Nigeria, the courts seem to battling to join the new
normal. Arbitrators and counsel in Nigeria, have been handling
arbitral references (including very contentious matters) via
satellite technologies ahead of the Coronavirus (COVID-19) era,
with parties tendering documents and examining witnesses. The
recent cacophony of legal arguments on the propriety or otherwise
of virtual court hearings in Nigeria, amidst obvious constitutional
framework for same, is rather unnecessary.
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 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. The Chief Judge of Borno State (Justice Kashim Zannah)
stated that the virtual hearing was beyond a mere response to
COVID-19 rather it was born out of their desire to increase access
to justice in Borno State. This came ahead of the popular virtual
court hearing in Lagos State on 4 May 2020 in the case of Olalekan
Hammeed (often wrongly classified as the first virtual court
hearing in Nigeria, in place of the case of State V. Ali Mohammed
in Borno State).
However, the Chief Judge of Lagos State issued the first known
Practise Direction (Lagos State Judiciary’s Remote Hearing of Cases
[COVID-19 Pandemic Period] Practise Direction with effect from 4th
May 2020) designed to regulate virtual hearing among others.
Similar directions 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.
My authorities, are:
1. 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
8. Bolanle Olabitman, ‘Borno Sets Up Virtual Courtroom- First in
Nigeria’ (TheCable) accessed 21 May 2020.
9. Bukola Adebayo, ‘A Man Was Sentenced To Death Via Zoom In
Nigeria, Sparking Criticism From Rights Groups’ (CNN, 7 May 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).}