Globally, the use of modern technology to aid justice delivery system has suddenly gained popularity. In this piece, Kehinde Osasona examines Nigeria’s attitude to the application of digital option to tackle the perennial challenge of delay in justice administration in Nigeria.
Overview
Today, technology has invaded the legal terrain globally, and practitioners are actively participating by maintaining court records electronically, enabling or even requiring electronic filing of pleadings and building high-tech courtrooms for evidence presentation.
All these changes have occurred due to proactive decisions to modernize court proceedings as a way of enhancing dispensation of justice.
In many of the advanced countries, appearing in front of a judge with stuffed files is fizzling out fast.
Domesticating technology
Stakeholders in Nigeria are of the view that the time is ripe for the country to take advantage of technological opportunities to advance its justice delivery system.
For instance, Vice President Yemi Osinbajo, SAN has not only voted for the introduction of technology in the administration of justice in the country, he has also implored private sector to help drive the process.
At the Nigerian Bar Association (NBA) conference in 2018, Osinbajo argued that the private sectors are better in driving the process of introducing technology into the administration of justice for sustainability.
According to Osinbajo, private sector service providers have been active in the provision of recording for court proceedings and other services.
But the vice president cautioned that where it is private-sector driven or in other words, where it is profit-motivated, it would be much more successful than where the institutions themselves, especially the public institutions, run those services and expect those services to run well.
Managing digitized court documents
Similarly, former Chief Justice of Nigeria, Hon. Justice Walter Onnoghen had in 2018 argued in favour of e-courts in the country.
He had told participants at a refresher course for magistrates, organized by the National Judicial Institute (NJI) in Abuja, that the innovative case management system is presently being piloted by the Supreme Court and would soon be rolled out to the strata of courts in the country.
The Chief Justice of Nigeria said, “In response to the need for efficient justice delivery and case management in the country, the judiciary has adopted the use of new technology, through the introduction of Nigeria Case Management System (NCMS).
According to the CJN, technology has transformed the manner in which service of court processes, record keeping and retrieval of data and other operations are carried out in courts.
Speaking further, he noted, “Technology has afforded us the opportunity to have virtual libraries and law reports at our finger tips.
“Case management tools can now be accessed 24 hours a day from the comfort of our homes and hearing notices will, in the nearest future be e-mailed to lawyers once enrolment on the Judiciary’s Nigerian Legal E-Mail System (NILES), is fully achieved in conjunction with the Nigerian Bar Association (NBA).”
While urging the Magistrates to be proficient in the use of Information Communication Technology (ICT), the CJN said the e-proficiency will become a veritable pre-requisite for career advancement within the judiciary.
Onnoghen then charged Magistrates to carry out their judicial functions in line with the constitution of the country, saying continuing judicial education is a mandatory requirement for every judicial officer who sits on the Bench for adjudication.
Also corroborating the Chief Justice of Nigeria on the new thinking regarding how to aid justice delivery system in the country, the NJI administrator, Justice Rosaline Bozimo said the theme of the course, “Promoting excellence in the administration of justice in lower courts” was in line with the current drive of the CJN, in ensuring that excellence in service delivery is enhanced at all levels of the judicial process.
She said the course was organized by the Institute in fulfilment of its statutory mandate for judicial officers and their supporting staff with a view to expanding and improving their overall knowledge and performance in their duties.
Justice Bozimo said Magistrate courts play a vital role in the administration of justice, as it serves as the first point of call for most litigants.
Law school not equipped digitally
But while advocating digital-oriented law practice in the country, Senator Iyere Ihenyen, one of Nigeria’s strongest legal voices on intellectual property, privacy and digital-specific legislation, said a great deal of work needs to be done in Nigeria to develop laws that will protect the economy and ordinary people in the digital age.
According to him what the country needs are strong laws, consumer protection laws and comprehensive data protection legislation.”
Ihenyen who is the founder and lead partner of a major disruptor in Nigerian law circles, Infusion Lawyers, a virtual IP and IT law firm operating from Lagos added that an infusion of technologies, ICT laws and policies needs to be put in place.
“In a global economy, where intangibles are the greatest assets, we need digital friendly intellectual property laws and policies.”
Reasons adduced by Ihenyen is that; “Today’s clients are more sophisticated and mobile than ever before. Technologies are changing everything resulting in a new marketplace for professional services,” he says.
“When I founded Infusion Lawyers, I didn’t realize I was setting up Nigeria’s first virtual law firm. All I wanted to do was use my passion for IP and IT to meet demand in the new global knowledge economy and digital age.” Nigeria – and in fact most African countries – need to move much faster and more urgently on these issues, he said.
Ihenyen argued further that those emerging from law schools in Nigeria are ill equipped to operate in a high-tech global economy, saying that the law curriculum should be overhauled to make it more relevant to the legal marketplace in the 21st century.
NBA too
The Nigerian Bar Association (NBA) has also been faulted for not putting in place systems and structures that could aid global best practices.
He said, “The regulation of legal businesses is poor largely because the “The NBA must begin to put schemes, standards, structures, and systems in place, otherwise it will always be a mere conference-talk and stamp-and-seal association,” he says.
“Lawyers can shape the future of Nigeria by playing key roles in policy development, the updating of legislation and ensuring there are adequate checks and balances in public finance, foreign investment and private equity transactions,” he said.
But as a way of addressing some of these problems, the NBA Bar and Bench under the auspices of Digital Bar Initiative (DBI), years ago launched an initiative to stem it.
