Introduction:
The digital wikipedia dictionary defines Technology as the
collection of techniques, skills, methods and processes used in the
production of goods, in the provision of services or in the
accomplishment of objectives [1].
Technology has become inevitable part in the day-to-day life of
the society and the more societies come to know about technological
development, the more they become able to take advantage of it.
Whenever an innovation reaches certain level after it has been
presented and promoted, it becomes part of the society. Digital
technology has entered each process and activity made by the social
system. In fact, it constructed another worldwide communication
system in addition to its origin. [2]
Impact of Information and Communication Technology on
the Law and Court Process
In deciding cases, judges weigh the record, the briefs, and the
arguments of counsel, mixed with an independent view of law and
policy. In the past two decades, Judges and Lawyers had pondered
over the application of Information and Communication Technology in
the judicial and legal processes and have asked questions on
whether ICT could apply and work in a court of law. The judicial
process, in particular the courtroom, has traditionally been a
bastion of decorum, resistant and conservativeness and if not
immune to the extremes of change, could find itself in the midst of
a technological revolution.
Given the work load and volumes of information and data in the
judicial process, applying ICT in the judicial and legal process
will increase efficiency, promote easy research and allow for
easier information retrieval and in the long run reduce stress and
enhance the health of judicial officers. Applying ICT will reduce
if not eliminate inefficiency, inaccuracy, lack of transparency and
integrity, the major causes of delay in justice dispensation. The
advent of court room technology as a means for putting evidence
before everyone in the court room has put to fore the inevitability
of technological revolution in the justice process and
system. It has therefore become imperative for the Nigerian
Judiciary and the entire legal system to embrace ICT in its service
delivery.
With the ever increase in litigation across the hierarchy of
courts, our judges, their supporting staff and lawyers have to
contend with voluminous records, the preparation and filing of
which takes time, prone to loss and abuses and space consuming. [4]
IT solutions could be deployed in a variety of ways to ensure
efficiency, minimise delays, engender transparency and integrity in
the system. Areas where It solutions could be deployed include but
are not limited to the following;
Case Management System can be created where administrative and
judicial process could be integrated in case flow the management,
case tracking, court schedule and instant transcript. Deployment of
Court Room Technology through the use of court recording and
transcribing system will reduce the work load and stress of judges
taking proceedings long hand and will make the life of judges
healthier and saves time.
Through Electronic Data/information exchange system, lawyers can
file documents electronically, similarly, evidence could be
electronically presented. The Centralized Information Access, for
instance, would allow the Head of Court access to information and
data of all courts instantly and this could ease case distribution
and assignment as well as track case disposition of all courts.
Customized soft wares and systems such as online library, research
tool kits, judgment wizard etc. could be developed to meet general
and specific needs of judicial officers and support staff.
Some challenges of ICT in the judicial
process:
There are numerous challenges to contend with in the application
of ICT to the Judicial Process in Nigeria. The major challenges
are:
Review of Legislations: Most our statutes both substantive and
subsidiary are not ICT proactive. In fact, some laws and rules of
procedure run counter to ICT regime. These have to be reviewed
before electronic and computer-generated evidence can be admissible
in our courts.
Commercial transactions that are electronically conducted will
be difficult to establish under the Evidence Act because of
non-compliance with some provisions of the Act. For instance, it
would not be possible under the Act to prove PIN number as
representing signatures in a transaction that was conducted
electronically.
Rules of Procedure have to be reviewed to accommodate
Digital Evidence Presentation System (DEPS).
The ICT revolution has brought along Computer Crimes
(cyber-crimes) which poses a serious challenge to the Judiciary.
Issues of Criminal Trespass into another computer, theft of
computer data, the use of internet to commit or aid in the
commission of fraud could hardly be established through the
conventional standards of evidence.
Other areas of challenges include privacy laws,
intellectual and copy right laws that have to be brought in
conformity with IT regime.
Increased inflow of foreign investors and development partners
whose systems are wholly ICT based would compel the Nigerian Courts
to embrace IT, otherwise confidence of these investors and partners
may be eroded.
Provision and maintenance of ICT infrastructure and equipment is
capital intensive. The Nigerian Judiciary, particularly in the
states, lack the resources to undertake the venture. Added to this
is the problem of our maintenance culture, erratic power supply and
poor capacity building.
Some Disadvantages of ICT in the Judicial
Process:
As time progresses and technology advances, information about
the law that had hitherto been preserve of lawyers is now readily
accessible to everyone due to the advent of the Internet. People
can now access and read judgments from different courts, news
reports of cases, constitutions and other laws, as well as case
notes and opinions published by various law firms. This, in my
opinion, is a major disadvantage of the internet in the judicial
process, as Shakespeare once said, “too much of a good thing.”
News reports can be misleading and prejudicial
Traditional media outlets usually report on cases from the
court; these articles are also usually published online. The
benefit of having media professionals cover cases dealing with
matters of public importance is indisputable. This is in the
public’s interest and is a hallmark of a modern democracy. However,
journalists are only human and are subject to error; they may
misconstrue or confuse facts or legal concepts. Worse still, if
professional journalists do not cover the story a “citizen
journalist” may use social media to “feed a narrative that often
grossly distorts reality”. Either situation would result in the
public being given imperfect legal information. Prejudicial
reporting has had detrimental effects on numerous cases,
particularly on high-profile cases.
Justice Abubakar, NPOM, is the Acting Chief of Judge of
Katsina State.
Introduction:
The digital wikipedia dictionary defines Technology as the
collection of techniques, skills, methods and processes used in the
production of goods, in the provision of services or in the
accomplishment of objectives [1].
Technology has become inevitable part in the day-to-day life of
the society and the more societies come to know about technological
development, the more they become able to take advantage of it.
Whenever an innovation reaches certain level after it has been
presented and promoted, it becomes part of the society. Digital
technology has entered each process and activity made by the social
system. In fact, it constructed another worldwide communication
system in addition to its origin. [2]
Impact of Information and Communication Technology on
the Law and Court Process
In deciding cases, judges weigh the record, the briefs, and the
arguments of counsel, mixed with an independent view of law and
policy. In the past two decades, Judges and Lawyers had pondered
over the application of Information and Communication Technology in
the judicial and legal processes and have asked questions on
whether ICT could apply and work in a court of law. The judicial
process, in particular the courtroom, has traditionally been a
bastion of decorum, resistant and conservativeness and if not
immune to the extremes of change, could find itself in the midst of
a technological revolution.
Given the work load and volumes of information and data in the
judicial process, applying ICT in the judicial and legal process
will increase efficiency, promote easy research and allow for
easier information retrieval and in the long run reduce stress and
enhance the health of judicial officers. Applying ICT will reduce
if not eliminate inefficiency, inaccuracy, lack of transparency and
integrity, the major causes of delay in justice dispensation. The
advent of court room technology as a means for putting evidence
before everyone in the court room has put to fore the inevitability
of technological revolution in the justice process and
system. It has therefore become imperative for the Nigerian
Judiciary and the entire legal system to embrace ICT in its service
delivery.
With the ever increase in litigation across the hierarchy of
courts, our judges, their supporting staff and lawyers have to
contend with voluminous records, the preparation and filing of
which takes time, prone to loss and abuses and space consuming. [4]
IT solutions could be deployed in a variety of ways to ensure
efficiency, minimise delays, engender transparency and integrity in
the system. Areas where It solutions could be deployed include but
are not limited to the following;
Case Management System can be created where administrative and
judicial process could be integrated in case flow the management,
case tracking, court schedule and instant transcript. Deployment of
Court Room Technology through the use of court recording and
transcribing system will reduce the work load and stress of judges
taking proceedings long hand and will make the life of judges
healthier and saves time.
Through Electronic Data/information exchange system, lawyers can
file documents electronically, similarly, evidence could be
electronically presented. The Centralized Information Access, for
instance, would allow the Head of Court access to information and
data of all courts instantly and this could ease case distribution
and assignment as well as track case disposition of all courts.
Customized soft wares and systems such as online library, research
tool kits, judgment wizard etc. could be developed to meet general
and specific needs of judicial officers and support staff.
Some challenges of ICT in the judicial
process:
There are numerous challenges to contend with in the application
of ICT to the Judicial Process in Nigeria. The major challenges
are:
Review of Legislations: Most our statutes both substantive and
subsidiary are not ICT proactive. In fact, some laws and rules of
procedure run counter to ICT regime. These have to be reviewed
before electronic and computer-generated evidence can be admissible
in our courts.
Commercial transactions that are electronically conducted will
be difficult to establish under the Evidence Act because of
non-compliance with some provisions of the Act. For instance, it
would not be possible under the Act to prove PIN number as
representing signatures in a transaction that was conducted
electronically.
Rules of Procedure have to be reviewed to accommodate
Digital Evidence Presentation System (DEPS).
The ICT revolution has brought along Computer Crimes
(cyber-crimes) which poses a serious challenge to the Judiciary.
Issues of Criminal Trespass into another computer, theft of
computer data, the use of internet to commit or aid in the
commission of fraud could hardly be established through the
conventional standards of evidence.
Other areas of challenges include privacy laws,
intellectual and copy right laws that have to be brought in
conformity with IT regime.
Increased inflow of foreign investors and development partners
whose systems are wholly ICT based would compel the Nigerian Courts
to embrace IT, otherwise confidence of these investors and partners
may be eroded.
Provision and maintenance of ICT infrastructure and equipment is
capital intensive. The Nigerian Judiciary, particularly in the
states, lack the resources to undertake the venture. Added to this
is the problem of our maintenance culture, erratic power supply and
poor capacity building.
Some Disadvantages of ICT in the Judicial
Process:
As time progresses and technology advances, information about
the law that had hitherto been preserve of lawyers is now readily
accessible to everyone due to the advent of the Internet. People
can now access and read judgments from different courts, news
reports of cases, constitutions and other laws, as well as case
notes and opinions published by various law firms. This, in my
opinion, is a major disadvantage of the internet in the judicial
process, as Shakespeare once said, “too much of a good thing.”
News reports can be misleading and prejudicial
Traditional media outlets usually report on cases from the
court; these articles are also usually published online. The
benefit of having media professionals cover cases dealing with
matters of public importance is indisputable. This is in the
public’s interest and is a hallmark of a modern democracy. However,
journalists are only human and are subject to error; they may
misconstrue or confuse facts or legal concepts. Worse still, if
professional journalists do not cover the story a “citizen
journalist” may use social media to “feed a narrative that often
grossly distorts reality”. Either situation would result in the
public being given imperfect legal information. Prejudicial
reporting has had detrimental effects on numerous cases,
particularly on high-profile cases.
Justice Abubakar, NPOM, is the Acting Chief of Judge of
Katsina State.
Read more https://www.nairalaw.com/impact-of-information-technology-on-the-law-and-court-process/