Introduction
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Following the incessant spread of the pandemic covid-19, serious threat has been posed not only to the health and economy of nations but now also a the administration of Justice in nations of the world. Understanding the fact that there are dockets of court cases hanging on courts everyday like a necklace, thereby slowing down the administration of justice. You will recall that justice delayed is justice denied as justice rushed is justice crushed. Alternative dispute resolution mechanisms now top the table of legal analyst preaching across and beyond border in a bit to free the neck of the court. In Nigeria, Lagos state has been in the forefront by creating the multi-door court houses that attends to several commercial dispute outside the court. In the same vein, the rules of Courts of States (especially High Court of Lagos (Procedure) Rules 2019 and the Federal Capital Territory (Procedure) Rules 2018) coupled with Rule 15 (3) (d) of the Rules of Professional Conduct 2007 now make it mandatory for pre-action notice to be done by legal practitioners before commencing any civil action in the High Court. This is a condition precedent and failure to comply with it may deny the case from being attend to.
Indeed, this development has helped a long way in relieving the court of the arduous task before it. But then, for jurisdiction like Lagos state, the extent of the relief on court is slightly low as there are enormous dispute arising daily due to the concentration of several transactions that can result in clash of interest. Although in some other parts of the country, there is a little or no understanding of the significance of settling dispute with Alternative Dispute Resolution (ADR) mechanisms rather than litigation.
Against this backdrop, the rapid changes emerging as a result of technological development have drawn the mind of digital enthusiasts in the legal profession to complement the legal system with the tools of Information Communication Technology and cyber governance to achieve justice especially in the area of data privacy, cyber-crime, and e-commerce.
In considering ease of achieving justice without the senescent way of litigation and in complementing the modus operandi of the ADR mechanisms, digital enthusiasts have been clamouring for administration of justice online. That is, settling dispute through online courts or through the ODR service providers online. The implication of this is that the workload of on-the-desk of the court will be reduced, likewise, the challenging factor of jurisdiction of court in online contract and internet crime will be resolved even without the formality and technicality of law. Also, the process of adjudication will be faster, risk in traveling from one place to another will be reduced and cost of settlement will also be conserved.
Unfortunately, the stakeholders in the legal system never avert their mind to the astronomical increase in the shifting of the physical transaction of human activities to the virtual world and the need to accompany the process of adjudication with the tools of technology. If not so, by now, the legal system would have accommodated the settling of dispute online.
It is pertinent to note that court is not a building but a person or persons with the authority to hear and determine disputes by interpreting laws. And so, it can sit anywhere even in the virtual world.
Effect of Viral Pandemic on Justice
As the Covid-19 spreads across countries, the administration of justice among other sector has been severely injured and as such some firms are on the fence as whether to close temporally or not. In fact, courts in Lagos state have been directed as to the number of persons that may be allowed into the court and the kind of matters that can be entertained.
In the directives of the Chief judge of Lagos state, Hon. Kazeem O. Alogba, Lagos State Judiciary Statement on the Effect of Coronavirus on court activities issued by the Chief Registrar of Lagos State, D.T. Olatokun (Mrs.) dated 20th March 2020;
‘…members of the general public are not allowed to come into the premises of the court except those who have come for urgent matter. Also, the number of people that can enter the court room has been restricted to 20 people and for criminal matters, only bail application and overnight case will be attended to. And for civil matters, ex parte and urgent applications, adoption of written address, judgement and ruling will be read.’
In the light of the above, you will quite agree with me that Courts should be well prepared before now to combat natural occurrences so as to ensure that the hope of common man can be secured all days.
A country like China that has been developing online court system over the years had no problem in the administration of justice in this pandemonium. Considering the pandemic may last for some times, the Supreme People’s Court ordered all courts to guide litigants to file their case or dispute online. The Judges are also encouraged to maximize the online platform in discharging their responsibilities so that the litigants and the counsel may get better legal protection.
It is crystal clear from the foregoing that China courts can adjudicate on both criminal and civil matters online.
Thus, if it is feasible and attainable there, it can materialize here also.
For criminal litigation, litigants can file their case online. Processes are sent via emails, as the online court is complemented by Artificial Intelligence with awesome speed and accuracy in analysing matters and suggesting possible outcomes. In case of need for oral argument or cross-examination of witnesses, parties may be heard through video conferencing.
Civil litigations especially commercial arbitration mostly enjoy the suitability of settling dispute online. Also, small claim disputes can be settled within few days and justice will be achieved without leaving the corner of one’s room.
In the mind of myopic Nigerians, it may look impossible. The question is this
‘How possible will it be? There is epileptic power supply, poor internet service, illiteracy.
I will tell you that it is possible with a framework that will accommodate or establish the creation of online court in Nigeria. And also, since you cannot build something on nothing and expect it to stand (Macfoy v UAC (1962)ac 158), enabling cyber laws that will take care of cyber security, electronic transaction and data protection should also be enacted and well engaged a tools to make whatever framework stand.
Written By Ojo Bibitayo Emmanuel, Law student currently studying at the Nigerian Law School Lagos campus.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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