Appeal Court steps up modernisation
The modernisation project of the Court of Appeal got an impetus with a recent study visit to Australia. The aim is to institute a comprehensive modernisation of the Appeal Court’s existing operational system to make it meet up with international framework for court excellence.The choice of Australia was due to the fact that Australia operates […]
The modernisation project of the Court of Appeal got an impetus with a recent study visit to Australia.
The aim is to institute a comprehensive modernisation of the Appeal Court’s existing operational system to make it meet up with international framework for court excellence.
The choice of Australia was due to the fact that Australia operates a hybrid judicial system – both the USA and the UK judicial systems. The Nigerian judicial system is no more than a colonial transplantation whose roots lie in the English legal traditions.
The visit, according to a source close to the PCA, was aimed at helping the Court of Appeal with the understanding of the electronic filing otherwise known as the e-filing (Virtualcourt) Project.
Daily Trust gathered that the study visit demonstrated to the management of the court the need for a court records and information management and efiling system.
Also, the PCA assured the resource people that in future they will be invited to deliver papers in Nigeria so that a larger judicial audience may benefit from their experience.
One of the crucial areas visited was the Federal Family Court of Australia to see the efficient implementation of an e-filing system and the practical needs of court management framework.
The delegation also met with the Chief Justice of Family Court of Australia, Diana Bryant A O.
All the sessions were interactive and informal and it is hoped that the visit will be backed up by actions as the 2014/2015 Legal Year begins.
It was gathered that the Court of Appeal’s online appeal filing system is an essential component of the strategic plan for technology for the court.
Stakeholders said that the e-filing is to transform the Court of Appeal from a paper-based process to an electronic environment, where interactions occur via Internet or automated voice-response with improved servicing timeframes; e-filing system will be used by 90% of court staff and judicial officers and will transform the way all cases are received, adjudicated, communicated and disposed of.
This, according to them will significantly improve the quality of justice rendered in Nigeria’s trial courts by providing lawyers, judges and litigants with visibility and access to case information across all courts in the country.
The highlights of the e-filing system includes institutional filers (lawyers etc.) transmit directly from their computer systems; lawyers can file via Internet, tablets or kiosks; case records stored electronically; Nigeria Appeal Court can be accessed 24×7 from any location accessible through the internet; lawyers, litigants, justice partners, judicial officers and court staff can search across all case types for all; Nigerian courts are accessed at the push of a button and better information drives more-informed decisions and reduces the risk of conflicting orders.
E-filler can also track, get court notices, and hearing dates over e-filling court portal.
Adegbenro Alao, an Information Technology expert who was also on the tour said during a chat that, “I have had the privilege to witness or even been a part of a couple of such visits by officials of the Nigerian government, but I must admit, for reasons not far-fetched, that this one was one with a difference. It was one imbued with pertinence, vigour and sincerity of purpose.
He said further: “We are confident that the PCA is on the right path to achieving a landmark point in modernising legal administration in Nigeria and hopefully her vision will be appreciated by generations to come.”
The e-filing will be accomplished using the online electronic filing system developed for the appellate courts. The first version is to be as a test Pilot Project for Court of Appeal, Lagos Divisions.
By definition, e-filing is the electronic submission of information as required by law. For some developed and developing countries, e-filing as a concept in the administration of justice is no longer a new phenomenon.
Despite the numerous advantages of the e-filing, there is still skepticism being raised in legal circles. For instance, there are those who query the efficiency of the system especially with the poor power supply in Nigeria as well as the epileptic internet services. There are also those who are questioning the competence of administrative personnel who are in the employ of the judiciary.
It is also being raised that not all the practicing lawyers and judges are internet compliant and as such they may have to contend with a number of teething challenges associated with delays in processing and filing cases.
Yet not everyone is losing hope.
In Nigeria, investigations show that Lagos State is the first to introduce e-filing to the business of justice dispensation by introducing Judicial Information System (JIS).
In the FCT High Court, Abuja, the e-filing project is still having issues. Some of these include how to file court processes online without the lawyer’s signature. This is because the Supreme Court had ruled in plethora of cases that for a court process to be competent, it has to carry the signature of the lawyer who prepared such document.
Barrister Abdul Muhammed, an Abuja-based lawyer said that the ECOWAS court e-filing system cannot be said to be working fully due to the issue of assessment of fees to be paid, which he said could not be assessed online.
Other legal practitioners who spoke with Daily Trust about the e-filing project were willing to downplay the threats, saying all of the observed threats are surmountable.
Mrs Funke Adekoya, a Senior Advocate of Nigeria (SAN) said Nigeria is not only ripe for e-filing but over-ripe. “Yes, e-filing is the way to go. Many countries in Africa and the international community have adopted it. As we all know, ICT is taking over the world. Nigeria cannot afford to be left behind. This is something that is being practiced all over the world, so it is not entirely new. And if we say Nigeria is the giant of Africa, we should be able to demonstrate that in all ramifications. For those countries that have adopted it, it often makes judicial process easier and faster for them, so we stand to benefit a lot from it.
“I think Nigerian judicial system is over ready for it.” Adekoya added.
The introduction of e-filing will no doubt offer great excitement to many legal practitioners in the country and that include, the judges, lawyers and their administrative staff.