Lagos judiciary and the introduction of e-filing

For an institution that has succeeded over the years in setting precedents, the introduction of e-filing no doubt offers great excitement to many legal practitioners in the state and that include, the judges, lawyers and their administrative staff.By definition, e-filing is the electronic submission of information as required by law. For some developed and developing […]

For an institution that has succeeded over the years in setting precedents, the introduction of e-filing no doubt offers great excitement to many legal practitioners in the state and that include, the judges, lawyers and their administrative staff.
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 phenomena. But for Nigeria judicial system, it remains a novel phenomenon, one that has now been pioneered by the Lagos state judiciary.
“Lagos is blazing the trail as an ICT compliance state by introducing e-filing as done in other jurisdiction notwithstanding the issue of power bedeviling the country. The  appraisal of the 2012 Rules, shows that the Lagos is  the head because,  while her rules are being copied by others the state is moving ahead without waiting for others to catch up with her,” Ade Ipaye, the state Attorney General and Commissioner for Justice said at the stakeholders’ summit on e-filing in Lagos.
Ipaye who was represented by the State’s Solicitor-General, Lawal Pedro (SAN) said he believed the advent of e-filing will usher in a new dawn in the administration of justice in Lagos especially in the area quick dispensation of justice. He said more than any other thing, he looked forward to seeing quick dispensation of civil actions within the shortest time possible.
The Attorney General wasn’t alone in that euphoria. A former Judge of Supreme Court and the chairman of the occasion, Justice George Oguntade lauded Lagos judiciary for taking the stride saying the introduction of e-filling will revolutionized Nigerian judiciary system. He noted that the rules of the court are often being reviewed everytime in Lagos and he has the state Chief Judge, Justice Ayotunde Phillips to thank for the success.
Indeed, at the resumption office by Phillips in 2012, she made a solemn promise to revolutionize the state judiciary especially in the area of Information and Communication Technology (ICT) insisting that the world is advancing on daily basis and the Lagos State judiciary cannot afford to lag behind.
According to Phillips’ younger sister who is also the head judge of Lagos judiciary, Justice Funmilayo Atilade, the state judiciary has the highest number of IT serving judges in Nigeria. The introduction of e-filing has only succeeded in confirming that front runner’s role.
Speaking on the design of the e-filing system, its designer, Sanni Eniola, said the e-filing system was worked by all stakeholders to ensure right product that can fit into the judicial system.
Some of the listed benefits of the listed benefits of the system include; easy management of cases for legal counsels in a way that they, from the comfort of their chambers, file cases and make payments over a secured web portal with a credit or debit card, ability to keep track of cases anywhere in the world via the internet using a secured login, better account for incoming revenue which is tied to judiciary services as well as efficient use of judiciary staff manpower.
Other listed benefits include the streamlining of case management which will result in a higher number of cases processed annually, a streamline of the workflow which is utilized across the judiciary divisions as well as fair and quick resolution of conflicts, leveraging enabling technology.
“Today we can gladly demonstrate the product that ensures that practitioners can file cases and make electronic payments from anywhere in the world so far they are connected to the internet. The system, work through creation of e-filing accounts, user registration form, user name, creation of pass word and security questions,” Eniola who is also the Chief Executive Officer of First High Tower Infotech Limited, said.
Despite the numerous advantages of the new case filing, yet there is certain 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 state judiciary.
Also, it is also being raised that not all the practising lawyers and judges are internet savvy and as such may have to contend with a number of teething challenges associated with delays in processing and filing cases.
Already, judicial critics are saying the greatest, perhaps among the observed threats to the smooth take off of the e-filing system is the perceived reluctance that may come from administrative personnel. The fear is that before the introduction of the new system, quite a number of these staff was used to receive kickbacks and tips from counsels so as to hasten the process of filing cases. But with the introduction of e-filing, that drain pipe appears to have been bridged, thus raising fears about the willingness or otherwise of judicial staff to make the e-filing work.
Yet not everyone is losing hope. Most of the legal practitioners who spoke with Daily Trust about the new case filing 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 international community have adopted it. As we all know that 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 Nigeria judicial system is over ready for it. If you have a situation whereby there is too much of corruption, whereby if you don’t give money, they won’t file your application or they will tell you that your file has been lost in transit and all sorts of  excuses, what do you? But if cases are filed online, there won’t be any excuses of not filing the case or file disappearance,” Adekoya said.
Sharing Adekoya’s thought was the former Attorney General and Commissioner for justice in Lagos State, Prof. Yemi Osibajo (SAN).
According to Osibajo the introducing of e-filing is a very bold initiative of the Lagos State judiciary. He described it as appropriate and very timely. He said notwithstanding the teething challenges which will be surmountable, he is much concerned about implementation.
Another legal practitioner, Dr Oscar Niliam said though the state judiciary says it is ready for the new system, it still may not be completely ready.  “Yet, we have got to start from somewhere,” Niliam said. He added, “it may take a while for us as a nation to get adjusted to it yet, we have to take it up because that is the only way we can remain globally relevant. Nigeria is in need of the new system of filing and somehow we have to start adapting.”
On the challenges associated with staff adaptation to the new system, Adekoya, Osibajo and Niliam all agreed that the staff will need to be trained as their expertise will be required to fast-track its success or otherwise.
“I really do not see that as a problem. Just as it is in many other climes across the world, when new things are introduced, people will be trained to adapt to it. So for me, it is a matter of training.
There is nobody that is born with anything. We all grew to acquire certain knowledge. So, it is a matter of time for it to evolve,” Prof. Osibajo said.