AN APPRAISAL OF THE COURT OF APPEAL RULES 2021 ON ELECTRONIC FILING, HEARING AND CONFERENCING IN THE COURT OF APPEAL, OTHER COURTS AND IN ARBITRATION PROCEEDINGS

Abstract

The use of information and communication technology for the purpose of improving on the speed and ease of judicial proceedings is a topical issue globally. The need and urgency was more sensitised by the COVID-19 pandemic which virtually borught global social and economic activities to a standstill. Courts in many jurisdictions relied on communications technology as a means to be able to continue to function. The Nigerian judiciary reacted by repealing the Court of Appeal Rules 2016 through the Court of Apeal Rules 2021. The new Rules made provisions for electronic filing, service of processes and virtual proceedings. This paper looks at the plausibility of adapting the features of technology based justice system delivery to the traditional adversarial method of resolving disputes in courts. The paper concludes that there are challenges to dismantling the physical court rooms and suggests the application of technology in specific areas through a bespoken practice direction or set of Court Rules and technology specifically designed to address the peculiarities of the justice delivery system.