Senate Introduces Bill Legalising Virtual Court Proceedings

The Senate Tuesday passed for first reading , a constitution alteration bill seeking for legalisation of virtual court proceedings.

The bill titled 1999 Constitution of the Federal Republic of Nigeria (Alteration) Bill, 2020 (SB. 418) ,  sponsored by Senator Michael Opeyemi Bamidele ( APC Ekiti Central),  is aimed at ensuring the much needed corresponding amedment  of relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 as amended, in giving legal teeth to virtual court proceedings.

The provisions of the bill as contained in the draft copy, include Section 36 sub-section (3) which states thus " this section is hereby amended by the addition of the following:

" 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 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".

The drafter of the bill explains further that section 36 (3) is sufficiently controversial enough now in terms of requirement of public hearing and determination of disputes.

This according to him, endangers the results of proceedings eventually held virtually.  Except the amendment is done urgently, the whole judicial functions of the Nation will remain paralysed.

According to him, the bill being an urgently needed one needs to be given expeditious consideration and passage .

" 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.