A seven-man panel of the Supreme Court has ruled that virtual court sittings are within the practice direction issued by heads of courts, not unconstitutional and could continue for now.
The West African Pilot News recalls that the Attorneys General of Lagos and Ekiti States Moyosore Onigbanjo and Olawale Fapohunda respectively had approached the Supreme Court seeking to test and establish the constitutionality of virtual court hearings.
However, the Apex Court panel led by Justice Bode Rhodes- Vivour said that the quest to determine whether virtual court procedures or sittings were constitutional is premature and preemptive as the National Assembly has not completed its work on amending the Constitution to allow virtual procedures.
The Justices unanimously ruled that states across the country should continue holding virtual court proceedings where it is possible, according to a report by the Nation
“Just let us wait for the National Assembly whether what they will come up with go against the practice direction issued by Chief Judges of the states and the National Judicial Council (NJC) on virtual sitting.
“As at now, virtual sitting is not unconstitutional. Honorable Attorney General (referring to Onigbajo), go and tell your Chief Judge to ask the judges to continue to sit virtually if it is convenient,” Justice Vivour said.
Justice Dattijo Mohammed, another member of the panel, said: “Somebody’s right must be breached by what the National Assembly is able come up with before you can come to court.”
It is a fundamental law, we do not act on speculation. What you are doing now is speculative, Justice Amina Augie said.
Justice Olukayode Ariwoola urged the Attorneys General to wait for the outcome of the National Assembly’s constitution amendment.
“You have a choice either to ask that your matter be adjourned sine die until after the National Assembly passes its law or you withdraw your case,” Justice Ariwoola said.
Justice Ejembi Eko noted that going by the provision of Section 168(1) of the Evidence Act, the practice direction issued by Chief Judges of states, enjoy presumption of regularity until they are set aside. He agreed with the position of other panel members that the validity of virtual court sittings could not be determined at the moment.
The seven-man panel struck out the suits after the Attorneys General of Lagos and Ekiti States withdrew their cases.
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