Introduction
Let me briefly take you on a trip down memory lane. On 21st August, 2017 I authored an article entitled “Litigation and Technology: Making the case for virtual Courts in Ghana” https://ntrakwahandco.com/litigation-and-technology-making-the-case-for-virtual-courts-in-ghana/. My conclusion in that article was that: “Certainly, a virtual court in Ghana will benefit the courts/judicial system, clients, lawyers and the environment. It will drastically reduce the number of lawyers and litigants coming to the court premises. It will significantly reduce the number of vehicles in the car parks and the direct consequence of traffic jams and the resultant environmental pollution. Ultimately the virtual court would reduce the cost of litigation and improve access to justice”. Believe you me, in 2017 when the case was being made for virtual courts in Ghana, it sounded and seemed quite alien to many.
Fast forward to post-COVID 19 era, in July 2022 members of the Legal Profession took note of the Chief Justice’s directive that vacation courts in Greater Accra were to conduct only virtual hearings via Microsoft Teams. Approximately 17 courts were to go virtual. Online training sessions were held. I have had the opportunity to attend court physically when a virtual court was in session and I have also attended virtually.
Virtual court vs. evidence by video link
In Ghana, one can observe a distinction between a virtual court and giving evidence by video link. Giving evidence by video link is provided for under Order 38 Rule 3A of C.I. 47 as amended by C.I. 87. The main distinction being that virtual court proceedings are held live from the courtroom itself but with evidence by video link, the judge, lawyers and parties relocate to a video conferencing room where proceedings are held live and accessible through video link by only the person giving evidence.
Accessing a virtual court
The 17 virtual courts have individual Microsoft Teams links which can be accessed from the judicial service’s website. https://www.judicial.gov.gh/index.php/virtualcourt All that is required is a computer or a smart phone and internet connectivity.
What to expect in a virtual court
As lawyers would typically do, they would ensure that all their processes have been filed and copies placed physically on the court’s docket. On the date fixed for hearing, the judge will be in the courtroom together with the court clerks and other court officials. Lawyers and parties attend court by simply clicking on the link and joining the live proceedings from the courtroom.
Video and sound are controlled/managed by the court. Lawyers and parties wait for their turn whiles cases are called. Attendance of parties are taken and legal representation recorded. Lawyers may appear individually or in teams. The lawyers may all be in one room or join separately via the Microsoft Teams link. The same applies to the parties. The usual business in the courtroom takes place, rulings are given and/or cases adjourned.
The usual decorum in the physical courts is expected in the virtual courts as well. At the moment, since the virtual courts are being held during the legal vacation, the dress code is formal. Wigs and gowns are not required.
Lowlights
Some of the few lowlights to be encountered are connectivity issues and the usual long waiting periods. In respect of the long waiting periods, perhaps time slots may be given for each case so that parties and their lawyers join at the scheduled time. This will prevent the situation where one joins the virtual court at 9:00am and wait till midday when the case is called.
Conclusion
“How was it?”
“Really? Ghanaian court? Who is the modern judge?”
“Good stuff … at least there’s still a lil hope for GH”.
“Applause!”
Above quotes are some of the comments I received when I shared my experience of attending a virtual court with colleagues and friends. Notwithstanding the lowlights stated herein, we have come a long way. Certainly, a virtual court is a step in the right direction.
Author: Nana Yaw Ntrakwah, Esq.
Dated the 16th day of August 2022
