Isolation Period For Physically Filed Documents In Federal High Court Of Nigeria. Daily Law Tips (Tip 575) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
Legal professional is said to be conservative, however, it is conveniently more conservative in Africa. The judiciary in Nigeria, was slow in marrying technology and remote hearing was far from reality. Prison inmates missed their court hearing appointments due to poor logistics, while students and small businesses held video conferences in nearby homes, malls and private schools. Now, Coronavirus (COVID-19) pandemic seems to have woken our taste for technology or rather race for survival in legal profession and practise.
Hurray, remote court hearing has become inevitable to the conservative black and white profession. Hence, heads of courts have issued practise directions for court affairs in this COVID-19 era. The first ever virtual court hearing in Nigeria, according to National Television Authority (NTA) was in the case of State V. Ali Mohammed (Suit BOHC/MG/CR/115/19, where the defendant was found not guilty of murder) at Court 13 (presided over by Justice Fadawu Umar), Borno State High Court, Maiduguri, Borno State. This happened on 27 April 2020.
However, on 4th May 2020, the Chief Judge of Lagos State issued Nigeria’s first known Practise Direction on virtual court hearing (for courts in Lagos State). That is the Lagos State Judiciary’s Remote Hearing of Cases (COVID-19 Pandemic Period) Practise Direction with effect from 4th May 2020). Similar practise directions allowing virtual court hearing as at 21 May 2020, are;
1. The Federal High Court’s Practise Directions 2020 For The COVID-19 Period with effect from 18 May 2020.
2. The High Court of the Federal Capital Territory, Abuja, COVID-19 Practise Direction 2020 with effect from 11 May 2020.
3. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19 Pandemic Period) Practise Direction 2 dated 15 May 2020), this was to fill a gap in the earlier Practise Direction of 4th May 2020, by specifying that virtual hearing is for cases that can be fully heard and prosecuted with affidavit evidence without need for oral evidence. This includes Fundamental Human Rights Cases, Originating Summons, Originating Motions and Appeals.
4. Court of Appeal’s Guidelines for Expeditious Hearing of Matters in Court and Tribunal. By Orders 3 and 4, the Court of Appeal allows electronic filling and communication. This is an obvious precursor to a detailed guideline for virtual hearing by the Court of Appeal.
“The Federal High Court’s Practise Directions 2020 For The COVID-19 Period” is applauded for not narrowing down virtual hearing to only affidavit evidence based cases. It rather left this to the discretion of parties and the court (however, I pray there will be no Practise Direction 2, designed to narrow down applicable cases for virtual hearing). Also, the Federal High Court’s Practise Directions provides for both electronic and physical filling of documents and court processes.
However, where physical documents are filed, they must be kept in isolation for a period of (five) 5 days before being processed. It is safe to conclude that this practise will give room for coronavirus to be killed within the isolation period. It will also promote electronic filing. This is a good example of adoption and adaptation of process and procedure to fit the peculiarity of Nigerian, since some conservative lawyers may prefer to go physical even in this season of COVID-19.
References:
1. Rule 2(a), Part C of the The Federal High Court’s Practise Directions 2020 For The COVID-19.
2. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19 Pandemic Period) Practise Direction.
3. Lagos State Judiciary’s Remote Hearing of Cases (COVID-19 Pandemic Period) Practise Direction 2 .
4. The High Court of the Federal Capital Territory, Abuja, COVID-19 Practise Direction 2020.
5. The Federal High Court’s Practise Directions 2020 For The COVID-19 Period.
6. Court of Appeal’s Guidelines for Expeditious Hearing of Matters in Court and Tribunal.
7. Mohammed M. Ali, ‘COVID-19: Borno Holds First Virtual Court Session, Judge Acquits Man of Crime’ (Yenlive, 27 April 2020) <https://yenlive.com/news/index.php/news/2859-covid-19-borno-holds-first-virtual-court-session,-judge-acquits-man-of-crime> accessed 21 May 2020
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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
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