By Robert Egbe
The Lagos State Authorities has requested the Supreme Courtroom to find out the constitutionality of digital courtroom hearings.
Lawyer-Common of the Federation and Minister of Justice, Abubakar Malami (SAN) and the Nationwide Meeting are the respondents within the go well with.
It stated, amongst others that divergent views on whether or not or not digital courtroom proceedings are lawful, is inflicting apprehension over proceedings already carried out just about in compliance with Observe Instructions issued by the Chief Decide of Lagos State.
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Lagos, via its Lawyer-Common and Commissioner for Justice, Moyosore Onigbanjo (SAN), is asking the courtroom to find out whether or not by Part 36(1), (3) and (4) of the 1999 Structure, “the usage of expertise by distant hearings… whether or not by Zoom, Microsoft Groups, WhatsApp, Skype or every other audio visible or video-conference platform by the Lagos State Excessive Courtroom or every other courts in Nigeria in support of listening to and dedication of instances are constitutional”.
The Plaintiff additionally needs the courtroom to find out whether or not “…the Nationwide Meeting can usurp the powers of the Chief Decide of Lagos State beneath Part 274 of the Structure by commencing the method for the modification of Part 36(3) and (4) of the Structure to incorporate digital or distant hearings”
The state is additional “searching for a Declaration that the Structure, particularly Sections 36 (3) and (4) are enough to accommodate digital or distant hearings…as offered for within the Observe Instructions issued by the Chief Decide of Lagos State dated 4th and 15th Could 2020.”
It additionally made one other prayer for “a declaration that it isn’t inside the legislative competence of the 2nd Defendant or every other physique, particular person or authority to make legal guidelines or in any other case amend the Structure for the regulation of the apply and process of the courts of Lagos State having regard to Part 274 of the Structure”.