Supreme Court strikes out Lagos and Ekiti’s lawsuit

A lawsuit filed by the Lagos and Ekiti state governments challenging the legality of virtual court sittings has been struck out by the Supreme Court.

The Attorney-General of Ekiti State, Mr Olawale Fapohunda had asked the court to determine whether the directive issued by the Attorney-General of the Federation to the Heads of Courts at Federal and State levels, as it relates to the conduct of virtual proceedings in court is not a violation of the federalism provisions of the 1999 Constitution.

Attorney General of Lagos State, Moyosore Onigbanjo (SAN) on his own part, argued that the case by his state was to prevent a situation where after virtual sittings are conducted, they would be declared unconstitutional as it was the case in Orji Kalu case.

However, Justice Olabode Rhodes-Vivour who led the seven-man panel which presided over the case on Tuesday, July 14, ruled that virtual court sittings are not unconstitutional.

He said “Just let us wait for the National Assembly whether what they will come up with go against the practice direction issued by Chief Judges of the states and the National Judicial Council (NJC) on virtual sitting. As at now, virtual siting is not unconstitutional. Honourable Attorney General (referring to Onigbajo), go and tell your Chief Judge to ask the judges to continue to sit virtually if it’s convenient for them.”

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