Abstract
This article focuses on the legal framework on virtual court hearing in Nigeria. There is a vacuum in the Nigerian legal system that was brought to limelight during the Corona virus pandemic and this gap relates to the issue of justice being denied and delayed in times of emergency such as pandemic, war and even insecurity which halt the flow of human activities and smooth administration of the legal system. Having regard to the mandatory requirements of the fundamental rights’ provisions in the Nigerian Constitution which guarantee fair hearing and the right to be tried before a court of law within a reasonable time, it becomes imperative to define the legal foundation for the application of the procedure for virtual court hearing in Nigeria in the absence of an explicit constitutional safeguard. The article considers the legality of virtual court hearing in the Nigerian legal system and the constitutional requirement that trials should be held in public and within a reasonable time. The article observes that though there is no direct constitutional backing for the application of virtual court hearing in Nigeria, there are explicit rules of court regulating the practice as a remedy in the time of emergency. The study finds that the practice of virtual court hearing has already gained recognition in the Nigerian legal system, however, there is need for a constitutional backing on the framework in the light of the conflicting opinions and skepticisms surrounding the practice.
Keywords: Constitutionality, Courtroom, Public place, Virtual court hearing, Virtual hearing application.