X-RAYING THE (UN)CONSTITUTIONALITY OF VIRTUAL LEGAL TRIALS IN NIGERIA: LESSONS FROM INTERNATIONAL HUMAN RIGHTS STANDARDS

Abstract

Virtual legal practice is gaining significant attention amongst legal practitioners and judicial officers in Nigeria. While there are expectations that this practice may enhance speedy dispensation of justice, its constitutionality has become an issue of concern amongst legal scholars. Specifically, the general perception is that virtual legal practices violate the constitutional requirement for trials to be held in public which then suggest that the likelihood of fair hearing may be compromised. However, this article argues that given the need to keep up the Covid-19 social distancing protocol and any other state of emergency, virtual trials have become a necessity and inevitable alternative to public trials. Thus, the article concludes that even though the Constitution of the Federal Republic of Nigeria 1999 (as amended) requires legal trials to be held in public, resort to virtual trials especially during state of emergency does not fall short of international human rights standards as long as the requirements for fair hearing are not compromised.