Constitutionality Of Virtual Court Hearings: Supreme Court Set To Hear Ekiti Attorney General’s Case

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Constitutionality Of Virtual Court Hearings: Supreme Court Set To Hear Ekiti Attorney General’s Case

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The Supreme Court has fixed tomorrow, 14th July 2020 for the hearing of the suit brought by the Attorney- General of Ekiti State, Olawale Fapohunda against the Attorney-General of the Federation and Attorneys- General of Lagos and Ogun States respectively.

In the suit brought pursuant to Order 3 rule 6, Supreme Court Rules , section 232 of the 1999 constitution and sections 1, 36 and of the 1999 Constitution of the Federal Republic of Nigeria , the Attorney-General of Ekiti State is asking the Supreme Court to determine whether the directive issued by the Attorney-General of the Federation, vide its directive issued on the 20th of April, 2020 to the Head of Courts at Federal and States level, in conjunction with Guidelines, issued on the 7th...

The issue of the constitutionality or otherwise of remote or virtual court hearing has dominated national discussion since the publication of the guidelines of the National Judicial Council which recommended virtual court proceedings for courts in response to the COVID-19 Pandemic. Opinion has been divided among lawyers on the legality of the directive. A number of High Courts including those in Lagos, Ogun, and Borno States have proceeded to implement the guidelines while many States have been adamant in their opposition to the directive insisting that only a constitutional amendment or pronouncement by the Supreme Court can ensure the legality of virtual court hearings.

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