Why Nigeria’s Legal Community Should Embrace Technology — Funke Adekoya SAN

* Says Justice Reform Project Is Organizing Virtual Mock Court Hearing

Covid-19 Pandemic has affected all human activities in the light of which a group of like-minded Senior Lawyers are championing the use of technology to facilitate the continuity of court business.

The Chairman of the Governing Board of the group, Justice Reform Project, Mrs. Funke Adekoya, SAN bared her mind on the issue as guest with the Channels Television.

Funke Adekoya, SAN, has about 45 years experience in litigation and arbitration and is widely recognized locally and globally. At various time she has been adjudged the most outstanding female legal practitioner in the country and her opinion in legal issues are widely sought and considered weighty on issues

On what the legal community is losing by the snail pace embrace of technology, the learned silk said the lost is not for the legal community alone, but for the entire public.

“Landlords have tenants they want to evict, companies have disputes, international companies have disputes against the Nigerian companies and vice versa, domestic violence, marriage divorce petitions are pending in courts. Everyone wants a resolution of that problem. That’s what the public have lost during this lock-down.”

She admitted however that legal community too has lost because they can’t pay their employees, they can’t access their clients etc. But the focus should rather be on the loss of the community

On the opening of courts for urgent and time bound matters, she asked: “But what is urgent? As far as a litigant is concerned he has brought his matter to court it is urgent. So is a vague phrase that allows a judge concern to decide on what is urgent.”

She added that the issue of courts being open for urgent matters is merely on paper because most court officials were not on sit to accept court processes. So in reality courts were not open for urgent matters.

Funke Adekoya, SAN disagreed with those who claim that virtual hearing of matters will contravene section 36(3) of the constitution which provides that hearing of cases must be in the public. She said the import of that section is for the public to have access to the proceedings. She said once the link for the hearing can be accessed via the website of the court, requirement of public hearing will be satisfied. One must not be physically present in court.

To Funke Adekoya, SAN, virtual hearing of cases requiring calling of witnesses and cross examinations are possible. She said Justice Reform Project is organizing Virtual Mock Court hearing and all interested lawyers and judges would be invited to witness same to confirm that virtual trial is possible. She said however that the Federal High Court Judges may not want to adopt it in view of the Directive of the Chief Judge which has prohibit them from using technology for court hearings

On the Directive of the Chief Judge of the Federal High Court:

“Honestly I confess to being amused and bemused when I read that circular because the Federal High Court is a court. The head of that court is the Chief Judge of the Federal High Court… each court is independent in the sense of the CJ has control of the Federal High Court and the CJN has control of the Supreme Court.”

She also said that she was unclear as to the powers of the CJN to direct, by way of a Practice Direction, that all courts should be suspended

The learned silk also disagreed with lawyers who see virtual hearing as elitist. To her, it is rather cheaper compared to the cost of fuelling cars and the delays on ways to court as a result of traffic.

On the recent appointment of judges, the learned silk said vacancies should have been advertised. She has filed a Freedom of Information request for details of the appointees and how they were selected. She said JRP advocates for transparency