Supreme Court’s Legal Mail: Whither The Operation?! By: Hameed Ajibola Jimoh Esq.

According to the information contained on the https://www.nigerianbar.org.ng, the Nigerian judiciary has taken a giant stride in providing a simple, fast and efficient communication means between lawyers and the courts. The judiciary, under the auspices of National Judicial Council, initiated a campaign to design a case management software for our courts and a legal mail for all lawyers in Nigeria.

Lawyers are required to obtain the Legal Mail to facilitate communication and correspondences with courts. As from the 16^th July, 2018, it became mandatory. The Supreme Court will only serve Processes by electronic means (Legal Mail) on all matters. Hence, all new filings as from 16^th July, 2018, must bear Counsel’s legal mail address. To that effect, it was said that the legal mail is an email platform for communication. Correspondences and notices between lawyer to lawyer and court to lawyer. These legal mail procedures have also been adopted by the Court of Appeal of Nigeria. This paper aims at reviewing the operation of this legal mail communication system.

First and foremost, it is important to state that the legal mail system is really a good initiative in the legal practice and I really commend the National Judicial Council for the initiative. The only issue is how effective and operational has the legal mail been which are the queries and inquiry of this paper?

I have checked my legal mail address’ inbox and the only messages or mail that I saw as at the end of June, 2019, were messages from the Nigerian Bar Association and nothing from the Court of Appeal of Nigeria, where I have not less than five (5) different cases pending and ripe for hearing before the court, with due respect. Not even a single notice of court not sitting on some occasions that the court will not sit was sent to my legal mail address provided on my court’s processes! I only got to the Court like the previous week to the hearing of the case and got to know that the court will not sit upon my inquiry either as a result of Justices’ conference or because of election matters or other reasons. But I am of the firm view that since the legal mail address is provided on all the court’s processes filed, the notice of adjournment should be sent to lawyers as soon as possible and the adjournment date communicated via the same means of communication but no, one must still visit the court in person! Then, one would ask what the purposes of the legal mail are?! Furthermore, I am of the respectful recommendation that when lawyers apply for hearing date, and a date has been fixed, then, such date should be communicated to the lawyer and the other party who has provided his legal mail address via the legal mail and such lawyer needs not keep checking whether a date has been fixed for his case. This in my humble view will save lawyers from bombarding the Deputy Chief Registrar’s Office to confirm hearing date and this is what happens till this moment. Then, of what use is the legal mail address?! At least, considering the purposes of the legal mail as explained above (from the Nigerian Bar Association’s website), one would normally expect that the legal mail would be used to communicate: adjournments; hearing notices and other notices, etc.

Furthermore, I also hope that the Supreme Court of Nigeria too is not in default in the implementation and operation of the legal mail requirement?! When lawyers have fulfilled their own part of the requirement, it is in my humble view that the Courts too should put in place the machinery that would enable the platform to function actively! I therefore humbly saddle the Nigerian Bar Association at the National level to interphase with the National Judicial Council of Nigeria and the appropriate courts on the reasons behind the non-functioning and inoperativeness of the legal mail since its mandatory inception and to encourage the authorities on the need to make the platform to function as envisaged as lawyers await its operation in no time.

Also, in my humble view and recommendation, a lawyer for a party to a suit in any of those courts who files processes out of his time for doing so, will end up not receiving any notice from the court because he has no legal mail address. And such counsel or party cannot complain of being denied of his right to fair hearing when he has waived same by his negligence and or sluggishness, even equity only aids the vigilant and not the indolent!

Also, lawyers in the public service should also be mandated to get verified with the Nigerian Bar Association and fulfill their financial duties to the Nigerian Bar Association in order to access the legal mail address. It would be presumed that majority of lawyers in private practice have the legal mail address. I also have mine! So, lawyers in the public service should also do the same.

Furthermore, I humbly recommend that other courts in Nigeria should also adopt the legal mail communication system to achieve effective communication between lawyers to lawyers and lawyers to courts or courts to lawyers but this should not mean that those courts will be charging 10% of prescribed fees or any percentage (whatsoever) for the purpose of this initiative! It is not a money making opportunity or an avenue to embezzle public funds rather, it is to better the court’s system!

Finally, it is my respectful belief that the Supreme Court or the National Judicial Council (and the Court of Appeal) that have initiated the legal mail communication system above other courts, would work on the operation and functionality of the legal mail system. Also, I hope that the Nigerian Bar Association would meet with the appropriate authority on the reasons why the legal mail (though actively registered by members of the bar) has remained nonfunctional and inoperative since the inception. I also hope that all other courts across Nigeria would key into this great initiative of the National Judicial Council for the development of the legal practice in the profession and the court’s system as a whole.

Email: hameed_ajibola@yahoo.com