Lawyers in Enugu protest against virtual court sessions, threaten court shutdown

Lawyers in Enugu North District, Enugu State, protested on Tuesday. They are unhappy that judges in the area are not holding physical court sessions, even years after switching to virtual proceedings.

In a video shared on Facebook, the lawyers said the judges' refusal to go back to physical hearings is hurting the delivery of justice.

They warned they would not participate in any more virtual court sessions unless there are quick changes in the zone and judges start holding physical hearings again.

The protesting lawyers, according to PREMIUM TIMES, came from five judicial divisions in Nsukka Zone. These divisions are Nsukka, Obollo-Afor, Enugu-Ezike, Ogbede, and Umulokpa.

What they are complaining about

During the protest across the five divisions, the Chairman of the Nsukka Branch of the Nigeria Bar Association (NBA), Sunday Agbo, spoke out. He said judges had previously switched to virtual hearings due to insecurity in the area.

"We all welcomed that; we accepted it hoping that things would improve. For three years now, clerks from the various courts have been using their mobile phones to video the judges in the form of (conducting) virtual hearings," he said.

Agbo pointed out that this situation forces lawyers to sit close to opposing witnesses during cross-examination. Sometimes, witnesses threaten to attack lawyers who are questioning them.

He urged the Enugu State Government to equip all courtrooms with the tools needed to make virtual proceedings work better.

"We are not saying that virtual hearings should be stopped. But we are saying that let these judicial divisions be equipped with modern facilities that will make virtual proceedings efficient," he stated.

‘We will shut down the courts’

One of the lawyers, Frank Agbowo, spoke with PREMIUM TIMES on the phone after the protest. He explained that judges moved to virtual hearings due to kidnappers attacking along Ugwogo-Opi-Nsukka Road. The judges have to fly from Enugu metropolis to reach the Nsukka area.

Agbowo said switching to virtual proceedings has not helped justice because of several problems with the setup.

"Sometimes, the judge needs to watch the witnesses, the behaviour of parties during the proceedings to decide how he or she is going to make a decision.

"Again, when we file (our case) here (in Nsukka), the clerk finds a way to send the file to Enugu (metropolitan branch of the court)," he said.

He continued, "A lot of things get lost. During virtual proceedings, sometimes we wouldn’t hear the judges when they spoke because the network disrupts the proceedings. So, it is not working.

"Sometimes, a lawyer may have a document he needs to show. But the judge may not see the document, and the other counsel cannot examine it.

"This is because if a lawyer is joining from Lagos, another lawyer is joining from Nsukka while the judge is in Enugu, the judge won’t know what document one of the lawyers is showing to see if it meets the Evidence Act before it is accepted."

He said virtual proceedings are fine for minor cases like pre-trial matters and motions, not for serious cases.

Agbowo mentioned that they have written to different authorities, including Governor Peter Mbah of Enugu State and the state chief judge, but nothing has changed.

He said the protest is one of the first actions the NBA leadership in the zone has taken to change things.

"Secondly, we are not going to attend any court. In fact, all the courts in the zone will be grounded. We are shutting down the courts until those judges resume physical sittings," he said.