Ogun CJ Releases New Practice Direction On Online Hearing of Cases

The Chief Judge of Ogun State, Honorable Justice Mosunmola .O. Dipeolu, has released a new Practice Direction setting out “the procedure to be adopted in the Online Hearings recognizing the urgent need for the Judiciary to put in place measures to guarantee continued access to Justice and expeditious disposal of cases while minimizing the risk of transmission of Covid-19.”

The 11 Paragraphs Practice Direction which was made available to TheNigeriaLawyer (TNL) is meant to ensure:
(i) timely and efficient disposal of cases;
(ii) use of suitable technology;
(iii) just determination of the proceedings; and
(iv) efficient use of available judicial and administrative resources.

It was made Pursuant to Section 174 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), section 506 of the Administration of Criminal Justice Law of Ogun State, 2017, Order 45 Rules 1, 2 and 3 of the Ondo State High Court (Civil Procedure) Rules 2014 and section 52 of the High Court Law, Laws of Ogun State, 2006, and all other powers enabling him in that behalf

The said Practice Direction which shall take effect from the 5th of May, 2020 provides that matters can now be filed electronically and assessed fees to be paid may be communicated to counsel through email or text message.

By paragraph 5.1 of the Practice Direction, service of Court processes may be effected by email, WhatsApp, or as otherwise directed by the Court notwithstanding the provisions of the Rules of Court applicable to Ogun State.

It provides in part:

“6. PREPARATIONS FOR REMOTE HEARINGS

“6.1 Parties and Counsel shall liaise with the Registry for the purpose of scheduling hearings.

“6.2 Parties and Counsel shall indicate voluntary participation in the Online Hearing and may also indicate the desired platform, through the official email of the Court.

“6.3 Online Hearings shall be by Microsoft Teams, Zoom, Google Meet, Skype for business, or any other audio or video communication method approved by the Court.

“6.4 Before ordering an Online Hearing, the registry will liaise with all the counsel on record to ensure that suitable facilities are available. The Court shall thereafter direct:
(i) an appropriate remote communication method for the hearing; or
(ii) an adjournment, if an Online Hearing is not possible.

“6.5 Notice of an Online Hearing shall be stated on the Cause List, the Judiciary website and also sent to the appearing counsel or parties by email or WhatsApp or SMS

“6.6 The Notice of an Online Hearing shall contain the platform to be used for hearing

7. CONDUCT OF ONLINE HEARINGS

“7.1 The Court shall give directions to Parties during an Online Hearings on the use of video and audio during proceedings.

“7.2 All participants shall dress appropriately for Court proceedings.

8. RECORDING

“8.1 The proceedings of the Online Hearing shall be recorded manually and electronically by the Court.

“8.2 Recording of proceedings by other participants shall only be with the leave of Court.

“8.3 Certified True Copy of proceedings shall be made available upon request.

“9 ADOPTION OF WRITTEN ADDRESSES

“9.1 Adoption of Written Addresses shall be in compliance with the provisions of the Rules of Court provided that oral argument thereof may be dispensed with.

10. NOTICE OF DELIVERY OF JUDGMENT AND/OR RULING

10.1 The Court shall, through the Registry notify Counsel and/or Parties by email or text of the date reserved for the delivery of Judgment and/or Ruling.”