ANALYSTS LAMENT IMPACT OF COVID-19 ON JUDICIARY

Coronavirus disease has indisputably affected all aspects of Nigeria’s national life, as all institutions of government have been severely affected, including the Judiciary, which is often referred to as the last hope of the common man.

To what extent has the COVID-19 pandemic affected the judiciary since late February, 2020 when it began its ravaging deal?

This is what our Correspondent, Alfred Ajayi, examines in this special report.

Some precautionary measures were taken by the Federal and State Governments to halt the spread of the deadly virus, including closure of public and private institutions, one of which is the Judiciary.

On March 23, 2020, the Chief Justice of Nigeria, Justice Tanko Muhammad, in a circular, directed all heads of courts to temporarily suspend sittings, except in matters that are urgent, essential or time-bound.

Consequently, skeletal services were being offered in some courts across the country, but the justice delivery system was largely stalled, giving rise to the popular saying that “justice delayed is justice denied.”

A Legal Practitioner in Awka, the Anambra State capital, Mr. Maxwell Udechukwu, expressed regret that his client, who was due for bail, was still being remanded in one of the correctional centres in the state.

“For the past one month, we‘ve not attended more than three or four matters. And those were matters of urgency like bail applications, fundamental rights matters, judgments and addresses.

“I have a client, who ordinarily should have by now been out of prison, but she is there. Who do you blame? It is not the fault of the counsel or that of the judge, or even that of the court. It is what the situation demands,” Mr. Udechukwu lamented.

The Director, National Orientation Agency (NOA), in Anambra State, Mr. Charles Nwoji, who is also a legal practitioner, gave further insight into the situation.

“If the business of the court had been stalled, definitely the effects will trouble the economy of the staff of the courts and those who are carrying out supplementary services around the courts. Even not giving judgment or order by the judges in the courts also affected some businesses. Don’t forget that courts also entertain business disputes,” the NOA Director pointed out.

Mr. Nwoji called on those affected by the court closure to accept it in good faith as one of the sacrifices to pay in the fight against the pandemic.

The respondents submitted that the negative impact of Covid-19 pointed at the need for the Judiciary to embrace modern technology.

“You can file your processes online. And if a particular time is fixed for hearing maybe of a motion or any other proceeding, the Skype is there. A particular Judge in Kenya delivered judgment on Skype. No problem about that. It is a real life issue.

“There is also the tele-conference system. Technology has given us a lot of possibilities that we need to begin to take advantage of going forward,” the respondents suggested.

The National Judicial Council recently held its first online meeting, while virtual hearing also took place in Lagos on Monday May 4, 2020.

This, undoubtedly, is a good development for the Judiciary.

But, the prayer of many citizens, particularly those who have urgent need for Judiciary, is that normalcy returns in no distant time.

Following the easing of the lockdown and restrictions in Anambra State, the Chief Judge, Justice Onochie Anyachebelu, released a practice direction, which took effect from Monday May 4, 2020, to regulate the sitting of the courts and ensure compliance with the precautions announced by the government.

This included social distancing and compulsory wearing of facemasks and hand washing with soap or use of hand sanitizers by counsels and litigants.

The Practice Direction also stated that only applications for remand or bail over night cases should be entertained by the courts.

However, the Chief Justice of Nigeria had directed that all court sittings be suspended until the issuance of guidelines for the re-opening of courts, by the National Judicial Council, NJC.

On how the Judiciary will make up for the time wasted, many close watchers said it would not be surprising that the annual court vacation might not be observed this year (2020).

ALFRED AJAYI