Stakeholders in the justice sector in Lagos last week brainstormed on remote court hearing introduced following the coronavirus (COVID-19) pandemic, ADEBISI ONANUGA reports
Stakeholders in the justice delivery sector have held a virtual session in Lagos to brainstorm on: Remote Hearing Practice Direction.
The virtual summit was organised by the Lagos State Ministry of Justice in collaboration with the Commercial Regulatory and Investment Disputes, best practice (CRID-Law Net ) and Justice Reform Project (JRP).
The virtual summit attracted Chief Judge of Lagos State, Justice Kazeem Alogba, Attorney-General and Commissioner for Justice, Moyosore Onigbanjo (SAN), Justice Hakeem Oshodi, the President of CRID-Law Net, Mr Tayo Oyetibo (SAN), Prof. Taiwo Osipitan (SAN), Mrs Funke Agbor (SAN), Olasupo Shasore (SAN), Mrs Miannaya Essien, Dan Wilmort from the LawFirm of Stewarts in the United Kingdom, and President of Lagos Chambers of Commerce, Mrs Toki Mabogunje.
Justice Alogba urged senior lawyers to help their junior colleagues with necessary facilities to be able to latch on to the new technology for virtual hearing as stakeholders.
Alogba emphasised the need for support and for all lawyers to put all hands on deck for the success of remote hearing.
He said: “Once counsel in large number are able to latch on to the methodology of virtual hearing, even if the citizen cannot have a compliant phone or gadget to partake in this kind of hearing, the lawyer can call him to his chambers and both of them can be together, at least he will be able to latch on facility of the lawyer and then the proceeding can go on.”
The Chief Judge said all over the world, courts are examining how to reopen for normal business, stressing that the ‘Remote Hearing Practice Direction’ was the first step to scale up the application of virtual hearing technology.
According to him, “We are all aware of what led to this practice direction and the need to resolve it therein. But let me clearly say that I had been working with the Attorney General of the state just before the pandemic started.
In view of the enormity of our cases, it is also detrimental to the Lagos State and the entire nation, so we are working on how courts can sit physically and thereafter we came up with the remote direction.
“Some matters are bordering on constitutional flavour particularly criminal matters where the liberty of citizens will be affected. We need to find a way to determine these cases.
“The objective is clearly stated there, for ‘timely and efficient disposal of cases’, use suitable technology to determine proceedings and efficient use of available judicial and administrative resources.
“We also provided electronic filing of processes. Realising how far we had gone, I want to say that this area had engendered a lot of critique from learned colleagues.
“Electronic filing of processes was an alternative that could be done in the court room knowing the state of our technology and infrastructure we have on ground, not only as it is affecting the judiciary but also as affecting lawyers and other stakeholders too particularly citizens who may not be opportune to have the kind of technology to enable them do the filing electronically.
The Chief Judge said that notice of remote hearing will be on the doors of the courts and as well the judiciary website adding “ they will also be circulated and posted in appropriate places within the court premises.”
Also speaking, Onigbanjo said the Lagos Ministry of Justice want to make sure the pandemic does not ground or paralyse the administration of justice in the state.
He said: “ We recognise the time we are in and we feel that it is incumbent upon us to be at the vanguard and standing at the doorway of administration of justice, we have a responsibility to ensure that this pandemic does not ground or paralyse the administration of justice.”
He noted that the safety of people who go to court is paramount. He explained that this was what led to issuing of the practice direction by the Lagos Chief Judge.
He stated that the Lagos Practice Direction was the first in Nigeria to deal with remote sitting of courts.
President of CRID-Law Net, Mr Tayo Oyetibo (SAN) said, CRID-Law Net is a non-advocacy group that promotes and advancing best practices in resolution of commercial disputes.
According to him: “ the flagship of this project is the administration of Civil Justice Bill. The bill has been introduced to a number of states in the Federation but in particular, Ekiti State has taken the lead by enacting the bill into law in 2019.
“The Federal Attorney-General is currently looking into the bill. We are hopeful that it will soon be introduced to National Assembly. We are looking forward to Attorney-General of Lagos State to adopting and enacting it into law.”
Tunde Fagbohunlu (SAN) who anchored the programme, said the virtual summit was organised for stakeholders to discuss with distant remote hearing practice direction enacted by the Chief Judge and applicable to time bound cases filed during the period of COVID-19 pandemic.
“It is now left for stakeholders to brainstorm on ways to ensure an effective and efficient administration of justice system during and after COVID-19 with the experience put in place with the use of technology.”
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