Advancing Online Dispute Resolution in Nigeria: Current Opportunities, Legal Challenges and the Ways Forward

Abstract

The outbreak of COVID-19 has impacted the Nigerian legal system
with the introduction of virtual court hearing. Currently, there is no
legislation on virtual court hearings in Nigeria. The foregoing
notwithstanding, this article examines the constitutionality of this type
of hearing and its practicability under the extant laws. Virtual court had
been discouraged because of the concern that it may not pass the test of
public trial, which is constitutionally guaranteed. This article analyses
the provisions of the Constitution as well as available case laws, which
suggest that if certain requirements are met, virtual courts may pass the
constitutional test of publicity of trial. It is also submitted that the virtual
court will not offend the law on territorial jurisdiction. Nonetheless
there are some legitimate concern about the issue of evidence, especially
examination of witnesses, which may not be best suited for virtual court.
Among these are technological inadequacy necessary for virtual court
hearings in Nigeria leading to recommendations arising from practices
in other jurisdictions