A Senior Advocate of Nigeria, Jelili Owonikoko, has advised that contentious lawsuits should be excluded from virtual court hearings.
He said this was because the Supreme Court has yet to pronounce on the constitutionality of virtual court hearings.
Owonikoko said the recent decision of the Supreme Court overturning the 12 years’ imprisonment of a former governor of Abia State, Orji Kalu, for N7.65bn fraud should be instructive.
He added that it would be wise not to conduct contentious cases by virtual hearing until its constitutionality has been decided by the apex court.
“Adoption of virtual hearings should be limited to non-contentious matters and other forms of proceedings that do not require oral evidence, such as rulings, judgments, proceedings that can be resolved by affidavit evidence, such as originating applications, interim or interlocutory motions, fundamental human rights applications, judicial review applications, and appeals before the courts, etc.
“This cautious approach should be adopted pending a pronouncement on its constitutionality or legality by the Supreme Court in view of the recent decision of the Supreme Court declaring some sections of the Administration of Criminal Justice Act as unconstitutional in its recent judgment in the appeal against the conviction of (former) Governor Orji Uzor Kalu’s case.
“I am just wondering about the devastation that would be suffered if such a decision is delivered by the apex court affecting matters conducted virtually”, Owonikoko added.
Source: www.tv360nigeria.com
