The Covid-19 pandemic which broke out in China and spread rapidly throughout the globe has brought about unprecedented disruptions in human activities. It started as a health crisis but has now evolved into a major economic and social crisis disrupting human activities in ways that could hardly have been envisaged.
The justice sector has not been spared. The pandemic literally brought administration of justice in Nigeria to a halt. Consequently, the Chief Justice of Nigeria, Hon. Justice Ibrahim Tanko Mohammed GCON, on 23rd of March 2020 issued a circular instructing all heads of courts to suspend physical court sittings with the aim of preventing the spread of the virus. Courts were however allowed to sit over matters that are ‘urgent, essential or time bound’. The suspension of physical courts sitting lasted for an initial period of two weeks and eventually extended.
The National Judicial Council (NJC) constituted a Committee headed by a Justice of the Supreme Court, and Deputy Chairman of the NJC Hon. Justice Bode Rhodes-Vivour to draw up guidelines and measures
to enable safe court sittings during the period of the Covid-19 pandemic. The Committee submitted a report with the formulated guidelines and protocols. These were issued by the Chief Justice of Nigeria and published on 7th May, 2020. (https://njc.gov.ng/30/news-details) The Guidelines encourage and promote virtual court sittings and require Courts to insist on virtual hearings for matters that do not require taking any evidence. The Guidelines further direct that not more than 20 persons should be allowed in a Courtroom apart from Court officials and two meters apart sitting arrangement. The Guidelines made mandatory the
wearing of face masks within Court premises, and also made provisions for electronic filing and electronic service.
In light of this, some State High Courts (Borno State, Lagos State, Ogun State among others), the Federal High Court, the National Industrial Court and the High Court of the Federal Capital Territory have issued a technology friendly Practice Directions for effective and timely justice delivery amidst the novel situation brought by the Covid-19 pandemic. There are however many States that are yet to issue any new practice directions on court sittings during the pandemic. In many of those States, the courts have either remained locked down or sit sparingly with vague ad-hoc measures or guidelines in place. The new Practice Directions and guidelines have generated debates and controversy on the issue of their constitutionality. Some have argued that the Practice Directions are justifiable and do not offend the Constitution and are issued under the respective powers of the various heads of court, pursuant to the Constitution and other relevant legislation such as, the Federal High Court Act CAP F12 Laws of the Federation of Nigeria, Administration of Criminal Justice Act 2015, Federal High Court Civil Procedure Rules 2019 and other enabling legislations. Others disagree and suggest that these sorts of virtual proceedings require specific constitutional mandate.
It is now several weeks since these guidelines came into force. It is unclear the extent to which these directions and protocols are being implemented or how effective they have been. The Pandemic as we are well aware is still ravaging our communities. Our health care system is in severe distress. Businesses have been badly hit. The economy is steep decline. Social life is severely dislocated. Crimes have not subsided. Indeed, human rights abuses, rape and other violent crimes have continued unabated. The need for access justice has remained as acute as always, yet neither our judges nor lawyers are spared from the impact of the pandemic. Indeed, according to media reports, the Pandemic has already claimed the lives of some notable judicial personalities, including some State Chief Judges. Some senior lawyers have also fallen victims in different parts of the country.