KEYNOTE ADDRESS MADE BY HONOURABLE ATTORNEY –
GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE,
ABUBAKAR MALAMI, SAN AT THE LAUNCH OF THE
VIRTUAL COURT SITTING FACILITIES AT THE KUJE
CORRECTIONAL CENTRE, ABUJA HELD ON 6TH DECEMBER,
2021
PROTOCOL:
Distinguished Ladies and Gentlemen, It is my great pleasure
to welcome you all to this epoch making event which is the
launch of the Virtual Court Sitting facilities deployed here at
the Kuje Correctional Centre for Virtual Court Sitting
Proceedings.
Permit me to thank the Honourable Minister of Interior,
Ogbeni Rauf Aregbesola, the Comptroller – General of the
Nigerian Correctional Service, the Nigerian Correctional
Service, the Government of Japan and the United Nations
Development Programme (UNDP) Spotlight Initiative for their
cooperation and funding support which has made today’s
event a reality.
One of the strategic interventions by the Federal Ministry of
Justice towards engendering lasting reforms in the Criminal
Justice Sector in Nigeria was the development of the
Consolidated Sentencing Guidelines (Custodial and Non-
Custodial) Practice Directions, 2020. The Ministry in
collaboration with the Presidential Committee on Correctional
Reforms and Decongestion thereafter hosted a Virtual
Technical Session involving crucial stakeholders to review
and validate the draft document. At the end of the Session, it
was recommended that “the Federal Ministry of Justice
should expedite its engagement with the Nigerian
Correctional Centres to make it possible for evidence of
suspects in custody to be taken without their physical
presence in court to avoid disruptions”
This is a re-enactment and consolidation of spirit of
Administration of Criminal Justice Act targetted at speedy
determination of cases by way of eliminating delays and
displacement of denial of justice which will further support
our policy of decongestion of correctional centres across the
country.
It may be recalled that in my press release issued on the 20th
of April 2020, on Post Covid-19 justice system plans, I had
expressed the resolve of the Federal Ministry of Justice to
respond appropriately to the challenges posed by the
pandemic to the administration of justice in the country in
collaboration with other critical stakeholders in the Justice
Sector.
I also emphasized that there was the need for a paradigm
shift in the administration of justice through the deployment
of appropriate technologies to drive the administration of
justice.
Accordingly, on the 27th of April 2020, the Committee on
post Covid-19 Justice System in Nigeria was constituted and
inaugurated. The primary aim of the committee is to assess
and identify the challenges and impact of the Pandemic on
the entire Justice System and make appropriate and
actionable recommendations on the immediate, medium and
long term measures for addressing the challenges of the
pandemic.
One of the mandates of the committee is to work with the
Nigerian Correctional Service to establish virtual court rooms/
studios in correctional centres to enable suspects in custody
participate in the remote hearing of cases or bail applications.
Consequently in this regard, the Ministry partnered with the
UNDP and Japan Government towards deploying Virtual Court
Proceedings in Correctional Centres nationwide with a Pilot
Project in Kuje Correctional Centre.
As you may recall, the Covid-19 pandemic pushed various
sectors of the economy of most countries of the world into a
complete shutdown-from private sector organizations to
public organizations, and even the Criminal Justice sector.
Court proceedings became delayed and there was an ensuing
collapse of the prosecution of several high-profile cases. In
the circumstance, the correctional centres were becoming
overcrowded and gradually sliding into a very critical state.
The Pandemic created a problem that basically could not be
solved without the adoption of technology.
This project was, therefore, initiated to ensure the hearing
and determination of urgent and time-bound cases, using the
digital platform. This system would equally ensure speedy
dispensation of trials in line with section 36(4) of the
Constitution of the Federal Republic of Nigeria, 1999 (as
amended), which provides that every person shall be entitled
to fair hearing within a reasonable time. It would also
eliminate the issue of difficulties in conveying the inmates to
court and would further ensure the safety and security of the
inmates and law enforcement officers.
We are no longer constrained by mobility, space and time in
the justice delivery on account of accommodation of the
virtual court sitting facilities and deployment of incidental
technology.
Notably, our justice system is founded on the constitutional
principle of fundamental rights to fair hearing that requires
the court to hear and determine cases in public and the
physical presence of the suspects or parties in court.
I assure you that the Virtual Court Proceedings are in
compliance with the provisions of section 36(3) of the
Constitution, which provides for public court sitting or
hearing. This Virtual Court Proceedings meet up with the
expectation of the Constitution and are not private hearings
but open to the respective counsel involved, the litigants
(inmates) and the general public at large.
In addition, it is important to note that this virtual court
hearing will not in any way contravene the provision of
section 36(6) of the 1999 Constitution which provides for the
arraignment, taking of evidence, tendering of documents,
cross-examination and general conduct of criminal
proceedings. In as much as these are done in accordance
with the said provision, the virtual hearing would be valid.
This initiative will in no small measure help boost the
economy by ensuring that funds meant for the movement of
the inmates would be channeled to other essential areas of
needs in the Correctional Centres, and assist the country to
meet up with global best practice in terms of the
Administration of the Criminal Justice.
Distinguished Ladies and Gentlemen, I have no doubt
whatsoever, that the effective deployment of these facilities
for the virtual court sitting proceedings for the inmates will
significantly contribute to the overall efficiency of the criminal
justice system in Nigeria.
As we launch these facilities today, I am hopeful that this
initiative would bring about effective virtual court sittings in
correctional centres nationwide which would feed into the
adoption of the National Judicial Council Guidelines on
Virtual/Remote Court Sittings and Quick Access to Justice
for incarcerated citizens in Correctional centres across the
Federation.
At this juncture, I must appreciate the commitment and
dedication of the Administration of Criminal Justice Reform
(ACJR) Department of the Federal Ministry of Justice, the
representatives of the UNDP and indeed, all stakeholders who
worked round the clock to ensure the success of this project.
On behalf of the President, President Muhammadu Buhari,
Federal Republic of Nigeria, I thank and express my deep
appreciation to the Government of Japan and UNDP Spotlight
Initiative for their funding support. We look forward to a
continued collaboration and it is on this note that I wish to
declare this facilities open.
Thank you.
ABUBAKAR MALAMI, SAN
HONOURABLE ATTORNEY-GENERAL OF THE FEDERATION
AND
MINISTER OF JUSTICE
