Senate introduces Bill to legalise virtual court proceedings
The Senate on Tuesday moved to alter the nation’s constitution, introducing a bill seeking to legalise virtual court proceedings. The bill titled “1999 Constitution of the Federal Republic of Nigeria (Alteration) Bill, 2020 (SB. 418)” is sponsored by Senator Michael Opeyemi Bamidele (APC Ekiti Central).
The bill which was passed for first reading is aimed at ensuring the much-needed corresponding amendment of relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 as amended, in giving legal teeth to virtual court proceedings.
There have been concerns that virtual court proceedings may not be constitutional – a situation which has grossly affected judicial proceedings across the country.
However, the proposed alteration includes: Section 36 sub-section (3) which states…
“Provided that nothing in this subsection shall invalidate proceedings of a court or the proceedings of a tribunal relating to matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) where same is held by remote hearing or any virtual means now in existence or yet to be developed.
“Section 36 subsection (4) is hereby amended by the addition of sub-paragraph (c) as follows: (c) nothing in the foregoing paragraphs shall invalidate proceedings of a court or the proceedings of a tribunal relating to matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) where same is held by remote hearing or any virtual means now in existence or yet to be developed.
“Section 36 subsection (12) is hereby amended by addition of the following subsection (13): In this section, “remote hearing” means proceedings or hearing of court conducted via zoom, skype, Whatsapp video or any other social media platform or technological innovation,” it stated.
However, Senator Bamidele, the sponsor of the bill explained that section 36 (3) is sufficiently controversial enough now in terms of requirement of public hearing and determination of disputes.
He said if the amendment is not quickly done, the whole judicial functions of the Nation will remain paralysed.
“It is s a case of emergency now. Upon 2nd Reading, the States can be given three days to make returns so that before the end of the month, the process is completed.
“The National Judicial Council in the wake of COVID-19 pandemic and the inability of Courts to hold courtroom proceedings, had taken steps to ensure continued administration of justice through virtual proceedings in accordance with global best practices, with some State Chief Judges coming out to openly adopt and implement the NJC guidelines.
“However, Nigerian lawyers have been divided over this issue as there has been an ongoing debate among legal practitioners as to whether or not virtual hearing is real hearing as provided for in the Constitution while some are insisting that the word “public” in the Constitution shall continue to mean physical court room or other designated place unless and until the relevant provisions in section 36 of the Constitution are amended,” he said.