THE AMENDMENT OF THE CONSTITUTION TO ALLOW FOR VIRTUAL COURT SITTINGS: AN EXPEDIENT MOVE IN ACCELERATING THE DISPENSATION OF JUSTICE IN NIGERIA.

Going by the provision of Section 4(2) and (7) of the 1999 Constitution of the Federal Republic of Nigeria(hereafter referred to as the Constitution), the National Assembly and the Houses of Assembly are saddled respectively with the constitutional powers to make laws for the peace, order and good government of the federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule and for the peace, order and good government of the State or any part thereof with respect to the matters included in paras. a, b, c of subsection 7. A.G Abia State &35 ors v A.G Federation(2002)6 NWLR (763) 264. 

Furthermore, by the the provision of Section 9(1) of the Constitution, it's letters constitutionally vests the power for the alteration or amendment of any part of the Constitution on the National Assembly. However, by the provision of Section 9(2), the National Assembly cannot make any alteration not being an Act of which section 8 of the Constitution applies, if not supported by two-third majority of either House of National Assembly and approved by resolution of the Houses of Assembly of not less than two-thirds of all the states; and by sub.(3), An Act of the National Assembly for the purpose of altering the provisions of Section 8 or Chapter IV of the Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all the members of each House and also approved by resolution of the Houses of Assembly of not less than two-thirds of all the States. 

It is therefore pertinent to have in mind that making and amendments of laws in the territorial space of Nigeria is sacrosanctly placed in the hands of the legislature and any other arm of government that tries to go against this sacrosanctly held duty is acting in total usurpation and such action is liable to be declared ultra vires and unconstitutional. A.G of Anambra State v Attorney General of the Federation. (1981) 10 SC 1. However, there are times and places were the other arms of government can make laws vide : Executive orders by the Executive and Rules of Court by the judiciary.

In December 2019, the world saw the breakout of the ravaging Corona Virus pandemic which has affected the world's economy and has seen many businesses, shops, events, sports and schools among other things shut down in a bid to contain the virus. Nigeria, is not left out of this pandemic as major sectors had to shut down also in a bid to contain the virus of which even court sittings were affected. Like the axiom, "Desperate times demand desperate actions", the Judiciary had to revert to virtual means to carryout Court Proceedings. The CJN, Justice Tanko Muhammed gave the permission for courts to sit virtually in order to move with the trying time. Ever since then, considerable percent of matters have been tried virtually even after major sectors of the country has seen the restrictions lifted off them. This has moved the National Assembly to amend the Constitution to give constitutional jurisdiction to courts to sit virtually on matters. According to reports, the National Assembly are at the second reading on the amendment process of the Constitution to allow for this. However, this has left reactions among many persons.

On the 14th July, 2020, the Supreme Court of Nigeria, the apex court in the country, struck out an application by the Attorney-General of Lagos State and some other Attorneys-General of some states praying the Court to stop the National Assembly from amending the Constitution to allow for virtual court sittings claiming inter alia, that it was "unconstitutional". The lead judgement read by Justice Rhodes Olabode Vivour stated inter alia, that the application was "speculative" and that "they should allow the National Assembly to pass it into law before they can file such application".

In acquiescence to the act of the  National Assembly to amend the Constitution to allow for virtual court sittings is what could be referred to as "a right step in the rightest direction" in the judicial system of the country as against the application of the Attorneys-General of Lagos State and ors. Like earlier said before, "Desperate times demand desperate actions". If I am to recoin this, I will put as this, " Desperate times demand necessary actions". The Covid-19 has come to stay and it isn't leaving anytime soon. The virus has its functionality in the society: of which virtual court sittings is one of them. As much as the virus has had a toll on vast sectors of the country, it has been an eye-opener to we all to start looking inward into things we earlier didn't give attention to. The world has been forced to go virtually and of which our courts shouldn't lag behind. The decision of the National Assembly to amend the Constitution in this regard is not only a right step in the right direction, it will also help in the acceleration of justice in the country. It will also help cut the influx of cases in the court thereby checkmating the number of persons that visit the courts.

The world is moving rapidly to the next frontier on the technological train and Nigeria and our courts shouldn't fail to get a ride on this moving train. As the judgement by the Supreme Court read, the application is "speculative" and even if eventually the amendment is passed, their application if any, will still die a stillbirth because the act is not unconstitutional because the National Assembly is saddled with the responsibility to amend the Constitution.

© Amaefule, Uchechukwu Ernest.