General News
Experts Discuss the Future of Virtual Hearing in Arbitral Tribunal
Today, in the age of imagination, ‘virtual’ has become real, and even more so, the new normal in the face of the COVID-19 global pandemic. The world has dramatically changed in the past few months, including government lockdowns and gathering restrictions.
The question for many in the legal profession is this – “Where does that leave the administration of justice?” Courts around the globe have answered that question by taking a pragmatic approach.
Courts have been required to think both quickly and efficiently to ensure that, where possible, hearings can proceed with the use of virtual hearings.
Virtual hearings have been used to conduct hearings remotely in order to minimise the risk of the transmission of COVID-19 and to ensure the health of all parties in attendance is maintained.
There is a litany of issues concerning virtual hearings in the arbitral tribunal – from the right to fair hearing, witness tampering, security bridges, and the overall future of virtual hearings in a post-COVID-19 world.
These issues were at the centre of discussion at the recently concluded virtual hearing webinar organised by The Nigerian Bar Association Section on Business Law (NBA-SBL).
Speaking during the webinar, Samaa Haridi, a Partner at Hogan Lovells in New York, emphasized the standing of physical hearings and an increase in willingness to adopt virtual hearings. She said, “While we are going to see an increase no doubt in the number of virtual hearings as a result of COVID-19, I do not believe that it will be the end of physical hearings. I do think that sometimes there is no substitute for physical hearings”.
Samaa also spoke in detail regarding presenting evidence in a virtual hearing. In terms of presenting evidence, Samaa believes that the impact of the evidence presented may not the same when you are sitting in a physical room versus when you are in front of a computer.
Samaa posited that for a virtual hearing to successfully take place, the tribunal has to balance on one hand its duty to conduct the arbitration expeditiously and efficiently, and on the other hand the parties’ right to equal treatment and their right to be heard.
According to her, it could be helpful to get the parties to sign an agreement that they will not challenge the award should they agree to pursue a virtual hearing (although such an agreement may not ultimately fully protect against a risk of vacatur).
In the scenario where one party is opposed to a virtual hearing, it is necessary to look at the arbitration provision, the relevant institutional rules, the arbitration laws of the lex loci arbitri and any other applicable legal framework.
The Nigeria Arbitration and Conciliation Act, for instance, is potentially permissive of virtual hearings. Under Section 16.2 of the Act, “unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for the inspection of documents, goods or other property.”
If the tribunal determines to proceed with a virtual hearing, it should be after careful consideration of various factors, including what are the reasons for requesting a virtual hearing; do all parties have equal access to technology; is the hearing heavily focused on argument or on testimonial evidence; or what is the likely delay if the virtual hearing does not go forward.
Another issue is related to maintaining the integrity of the process of giving evidence and avoiding assistance to witnesses while they testify. According to Samaa, the issue is not specific to virtual hearings.
Rather the issue becomes more complex in virtual hearings as you cannot see the environment where the witnesses are, nor can you tell to what extent the witnesses are being coached, or helped.
These issues need to be addressed by the tribunal and it is incumbent on the arbitral tribunal to remind the parties and counsel that no witnesses should be allowed to confer with counsel or with any parties’ representatives while they are giving evidence.
Additionally, the tribunal should work to ensure that only the designated individuals are in the room during the hearing, and it could also consider including in the witness oath, where applicable, confirmation that the witness is not being assisted and is not communicating with anyone while giving evidence.
Given the current environment, and only where appropriate, virtual hearings allow for the administration of justice to continue when physical hearings cannot take place.
Federal government has secured a fresh $208.3 million financing from the World Bank to strengthen Nigeria’s cash transfer programme targeted at poor and vulnerable households as the country continues to grapple with the economic impact of ongoing reforms.
President Bola Tinubu’
The new facility is expected to bolster the government’s social protection initiative by providing direct cash support to millions of low-income Nigerians affected by rising living costs following the removal of petrol subsidy and the liberalisation of the foreign exchange market.
The funding forms part of the World Bank-backed social safety net programme aimed at cushioning the impact of economic reforms while improving the country’s social protection system.
It is also expected to support efforts to enhance the National Social Register, strengthen payment systems and ensure that financial assistance reaches eligible beneficiaries more efficiently.
The latest financing adds to a growing list of World Bank-supported projects approved under President Bola Tinubu’s administration.
Since the administration assumed office in May 2023, Nigeria has secured more than $11.4 billion in World Bank loan approvals across key sectors, including power, agriculture, healthcare, education, digital infrastructure, financial inclusion and social protection.
However, only part of the approved funding has been disbursed, with several projects still at various stages of implementation.
Government officials have maintained that expanding the cash transfer programme is essential to protecting vulnerable Nigerians from the short-term effects of economic reforms while laying the foundation for long-term economic stability.
However, the fresh borrowing has renewed concerns among economists and policy analysts over Nigeria’s rising debt burden and increasing dependence on external financing.
Critics have called for greater transparency in the utilisation of borrowed funds and improved monitoring of social intervention programmes to ensure that the intended beneficiaries receive the support.
According to data from the Debt Management Office (DMO), Nigeria’s total public debt stood at approximately ₦159.28 trillion as of December 31, 2025, with multilateral lenders, particularly the World Bank, accounting for a significant portion of the country’s external debt portfolio.
Despite the concerns, analysts note that World Bank loans are generally concessional, offering lower interest rates and longer repayment periods than commercial loans.
They argue that the ultimate value of the new financing will depend on effective implementation, accountability and the successful delivery of cash support to vulnerable households across the country.
Socio-Economic Rights and Accountability Project (SERAP) has filed a legal action against the Independent National Electoral Commission (INEC) for allegedly failing to investigate claims that governors under the All Progressives Congress (APC) diverted N800 billion from public funds to finance President Bola Tinubu’s re-election bid.
The lawsuit, marked FHC/ABJ/CS/1426/2026, was filed last week before the Federal High Court in Abuja.
SERAP is asking the court to issue an order of mandamus directing INEC to investigate the allegations and compel the commission to obtain full disclosure from the APC and the governors on the alleged campaign fund, including the identities of donors and the lawful sources of the funds.Campaigns & Elections.
The organisation is also seeking an order directing INEC to commence a formal review into compliance with Section 91 of the Electoral Act by political parties and candidates, particularly regarding the sources and scale of campaign financing in the current political cycle.
According to SERAP, the allegations raise serious concerns about political finance transparency, electoral integrity and Nigerians’ constitutional right to participate freely in governance.
In the suit filed on its behalf by lawyers Kolawole Oluwadare and Kehinde Oyewumi, the organisation argued that the reported diversion of public funds for political purposes poses a significant threat to the credibility of the 2027 general elections.
It maintained that opaque political financing remains a major gateway for corruption and undermines public confidence in democratic institutions.
“The abuse of state resources for electoral advantage undermines democratic integrity and public trust. Fairness, transparency, and accountability in political or campaign finance are essential safeguards against corruption, state capture, and undue influence in democratic processes,” SERAP stated.
The organisation argued that Section 91 of the Electoral Act empowers INEC to regulate political donations, require disclosure of campaign contributions and enforce sanctions where donation limits are exceeded.
It noted that political parties found to have exceeded donation limits are liable to a fine of up to N10m and forfeiture of excess funds, while individuals who exceed the legal threshold face fines amounting to five times the excess contribution.
SERAP further contended that the commission has constitutional and statutory obligations to ensure transparency in political financing and prevent the misuse of public resources for electoral advantage.
According to the group, allegations involving large-scale public funds and opaque financial arrangements fall squarely within INEC’s investigative and monitoring responsibilities under the Constitution and the Electoral Act.
The suit also cited Sections 13, 14(2)(c) and 15(5) of the 1999 Constitution (as amended), arguing that they impose obligations on public institutions, including INEC, to safeguard democratic participation, prevent corruption and uphold constitutional principles.
SERAP further relied on international legal instruments, including the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and the United Nations Convention against Corruption, which it said require transparency in political financing and accountability in the management of public resources.
The organisation argued that any diversion of public funds for campaign purposes would amount to a violation of both domestic and international legal obligations and would undermine the principle of a level playing field in elections.
No date has been fixed for the hearing of the suit.
Hydrogen Payment Services Company Limited has reinforced its commitment to community impact through an employee-led blood donation drive in partnership with the Lagos State Blood Transfusion Service (LSBTS) and Gbagada General Hospital.
Held recently, the initiative extended this year’s World Blood Donor Day campaign, themed “One Drop of Humanity. Give Blood. Save Lives.” It brought together Hydrogen employees in a collective effort to strengthen blood reserves for patients across Lagos State.
The drive recorded strong participation, with employees voluntarily donating blood to support critical healthcare needs, including emergency care, surgical procedures, maternal health, sickle cell treatment, and assistance for accident victims. The contributions will help bolster the state’s blood bank and improve access to life-saving interventions.
Medical teams from LSBTS and Gbagada General Hospital supervised the exercise and engaged participants on the importance of regular voluntary blood donation. They also addressed common misconceptions, reinforcing the role of consistent donors in maintaining a safe and adequate blood supply.
Dr. Folashade Tawak, Senior Medical Practitioner with the Lagos State Government, commended the initiative.
“Voluntary blood donation remains one of the most impactful ways individuals can contribute to saving lives. We commend Hydrogen for driving this initiative and encouraging active employee participation. Efforts like this are critical to sustaining the blood reserves needed for patients in urgent need,” she said.
Fiyinfoluwa Olorunsola, Acting Chief Executive Officer of Hydrogen, said the initiative reflects the company’s broader purpose.
“At Hydrogen, our responsibility goes beyond building payment infrastructure. We are committed to making a meaningful difference in the communities we serve. This drive brings our people together around a cause that directly saves lives, and I am proud of the culture we are building, defined by purpose, compassion, and service,” she noted.
Also speaking, Obinna Ojekwe, Head of Marketing and Communications, highlighted the personal impact of the initiative: “While we enable the seamless movement of value every day, this initiative allowed us to give something more personal. Knowing that a simple act can save lives makes this deeply meaningful, and it reflects the kind of organisation we are proud to be part of.”
The blood donation drive underscores Hydrogen’s commitment to creating value beyond financial transactions by empowering its employees to contribute meaningfully to society. It forms part of the company’s broader 2026 employee volunteering and CSR programme, with additional community-focused initiatives planned throughout the year.
Hydrogen Payment Services Company Limited Hydrogen Payment Services Company Limited (Hydrogen) is Africa’s institutional payments infrastructure partner, enabling financial institutions and large organisations to process, move, and settle payments at scale with trust and operational integrity.
Through resilient, Africa-focused infrastructure, Hydrogen helps institutions manage payment complexity, improve efficiency, and deliver reliable services across the continent.
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