Supreme Court endorses Virtual Court sitting

THE Supreme Court has ruled that virtual court sittings are not unconstitutional but lawful and enforceable adding that the contenders did not disclose how virtual proceedings had injured the interest or right of anyone.

Lagos State Government had filed a suit challenging the power of the National Assembly to amend section 274 of the Constitution which sought to include Virtual Proceedings in the Constitution, while its counterpart, Ekiti State prayed the court to make an affirmative decision on the issue to remove the speculations and uncertainties being entertained about it by judges.

A seven-man panel of the apex court led by Justice Olabode Rhodes-Vivour on Tuesday held that virtual court sittings are accepted to be valid having not been declared unconstitutional by the apex court.

By the development, members of the panel dismissed the fear said to be entertained by many judges as to the constitutionality of remote hearings in the country.

They maintained that the Chief Judges of the states that had issued practice direction to provide for virtual sitting when convenient had the duty to enforce the directive.

They made the comments during the hearing of separate suits filed by the Attorneys-General of Lagos and Ekiti states on the adoption of remote hearings by judges in their states.

The panel described the suits of both the Lagos and Ekiti states’ AGs as speculative as the suits did not disclose how virtual proceedings had injured the interest or right of anyone.

Both the Lagos State AG, Moyosore Onigbanjo (SAN), and that of Ekiti State, Olawale Fapohunda, then withdrew the suits after members of the apex court panel described the suits and academic and speculative.

In striking out the suit, Justice Rhodes-Vivour held that “as of today, virtual sitting is not unconstitutional”.

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Hon. CARL UMEGBORO is a legal practitioner (Barrister & Solicitor of the Supreme Court of Nigeria and human rights activist. As an advocate of conflict resolution through ADR (Alternative Dispute Resolution), he has acquired intensive training and has been inducted into The Chartered Institute of Arbitrators (United Kingdom) as an Associate. He is a prolific writer and public affairs analyst. Prior to his call to Bar as a lawyer, he has been a veteran journalist and columnist in all national newspapers, and has over 250 published articles in various newspapers to his credit. Barrister Umegboro is also a regular guest-analyst to many TV and radio programme on crucial national issues. He can be reached through: (+234) 08023184542, (+234) 08173184542 OR Email: umegborocarl@gmail.com

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