Human rights lawyer and Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome, yesterday sought a review of the constitution to give legal backing to virtual proceedings by courts.

He also backed the Supreme Court ruling upturning the conviction of former Abia State Governor, Senator Orji Uzor Kalu, and others by Justice Mohammed Idris.

Ozekhome described the summary punishment of some violators of the lockdown in Rivers State by Governor Nyesom Wike as illegal and unconstitutional.

Ozekhome, who was a guest on the Morning Show on Arise Television, the broadcast arm of THISDAY Newspapers, warned that many cases that were heard using virtual technology are going to run into troubled waters later.

He urged the National Assembly to amend the constitution.

“Section 36 of the constitution is clear, that when you are hearing a case, particularly criminal cases, the people must be physically present, have their rights determined and using a lawyer of their choice and the decision, judgment, hearing and proceedings must be done in an open court in the presence of everybody,” he added.
On the Supreme Court ruling upturning the judgment of Justice Mohammed Idris on the trial of Kalu and others, Ozekhome stated that the Supreme Court was right.

He explained that jurisdiction is so important that the Supreme Court defined it as the spinal cord of any adjudication and that no matter how well proceedings are taking place if eventually it’s found that there was never jurisdiction in that case, those proceedings would be set aside no matter how beautifully concluded.

He said the law stated clearly that one could not be a judge of two courts.
“You cannot be a justice of the Court of Appeal and at the same time come down to the Federal High Court to still continue a matter that you have been hearing before you were elevated to the Court of Appeal,” he added.

On the claims that Kalu was not the applicant so the ruling does not apply to him, Ozekhome said: “The Supreme Court has said in several cases that where there is a joint trial with similar evidence, the same witnesses, the same exhibits, then all the parties must enjoy the fruit of that trial. So, whatever applied to Udeogu also applied to Kalu. Though it was Udeogu who actually appealed to the Supreme Court, you cannot separate the two.”

Speaking on how Wike is enforcing lockdown in Rivers State, Ozekhome said when the governor found people violating the lockdown, he should have handed them over to security agencies.

“The police have a right to deal with anybody and also to prosecute people who violate the law. Surely, the government cannot themselves prosecute people, but they have the power to hand over people who are violating the law to law enforcement agencies.
“Even any other Nigerian, apart from the police under Section 4 of the Police Act and apart from the DSS or security agencies, any Nigerian who sees any other person committing a crime is also empowered by law to arrest such a person and hand him over to the police, and then the police take it from there. Anything beyond that will be illegal and unconstitutional,” Ozekhome said.

Offering his advice to those whose buildings were demolished in Rivers, he said: “I believe that everything we do in this country, in spite of all the difficulties we are having should be done according to the rule of law and due process. Anyone whose right has been violated should also immediately seek legal remedies against whosoever violates such right in a court of law.”