AGF Malami rolls out plans for Nigerian courts to hold proceedings online
The Attorney General
of the Federation (AGF) and Minister of Justice, Abubakar Malami has rolled out
plans for Nigerian courts to hold virtual proceedings following the outbreak of
Coronavirus in the country.
Malami disclosed
that the new plans are aimed at ensuring that the judicial time lost to the
COVID-19 lockdown is recovered. On how the online court proceedings will play
out, Malami said Judges “will be sitting and maintaining social distance while
lawyers would be interfacing with the courts through their digital devices.”
The AGF in his
statement on Monday April 20, added that some changes would need to be backed
up by laws enacted by the national assembly and effected by the National
Judicial Council (NJC).
It reads in part;
“Robust use of
technological tools to conduct proceedings including virtual proceedings, this
would also enable the justices/judges to preside over matters in their chamber
without being physically present in a formal courtroom, parties and their
counsel will only connect through teleconference means.
“The way to go in
effect is that court proceedings should also be handled in a manner that
reduces the number of persons in the courts at any given time.
“Although this
requires the movement of suspects from prisons to the courts, all such suspects
should be tested, in fact, everyone entering the court premises should be
tested to ensure that they are not already positive, thus risking the lives of
other people.
“Empowering the
institutions of the ACJA, 2015 to commence functioning immediately.
“The net result will
galvanize the judicial sector into rapid mode to fast track trials and release
of those who are deserving. Deployment of ICT facilities to fast-track taking
evidence from witnesses. Digital platforms such as Skype and Zoom can be used.
“NTA stations across
the country can be connected to courts to facilitate taking evidence as
witnesses do not have to necessarily be physically present in court.
“Ensuring that court
dockets have only few cases per day can reduce the number of persons in courts.
So, all the pending judgments should be drafted and concluded during a short
period of time. This does not require lawyers to be present.
“Once the judgment
is ready, the lawyers should be able to receive them in their email or it
should be posted on the court’s website for any interested party to download
it. This is the way to go and thus provide greater transparency."
He also proposed
that those awaiting trial on minor criminal charges should be discharged,
especially in cases where adjournments have been at the instance of the
prosecution.
Malami further
stated;
“Criminal charges of
minor and non-indictable offences should be summarily tried and sentenced to
non-custody penalties. Even in cases where sentenced persons cannot pay their
fines, the court should consider other alternative punishments other than a jail
term. This can include parole or probationary sentences and, if possible,
community service like cleaning public places etc.
“Setting aside
special dates and that courts work extra hours to decongest their case files.
The 2020 court vacation could be suspended as the COVID 19 lockdown period has
provided judges with the much-needed break from official duties.
“Having courts that
are fully IT-compliant in order to fast track the digital recording and
production of the record of court proceedings.
“Appointment of more
judges and justices, as appropriate. Additional judicial decisions of federal
courts are to be created. This will, as a proactive measure, help in
decongesting the already loaded court hearing schedules.
"All courts can
accept electronic transactions and only receive receipts of payments.
“The way to go in
effect, Court Proceedings should also be handled in a manner that reduces the
number of persons in the courts at any given time.
“Although this
requires the movement of suspects from prisons to the courts, all such suspects
should be tested, in fact everyone entering the court premises should be tested
to ensure that they are not already positive, thus risking the lives of other
people.”
As of 11:10pm on
Monday April 20, Nigeria has a total of 665 confirmed coronavirus cases. 188
people have been discharged and 22 people have died from the virus.
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