LEGAL FRAMEWORK FOR THE USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) IN THE NIGERIAN JUSTICE SYSTEM: A CALL FOR REVIEW

Abstract

The advancements in Information and Communications Technology (ICT) have not only changed the law of nature or converted the entire world into a global village but have also brought this generation to a situation where everything is moving at a fast pace. Its dynamics and multimedia potential make information dissemination effective and life invigorating. It is however unfortunate that the Nigerian judiciary has not fully adopted the use of ICT in its administration of justice. The problem either stems from the non existing comprehensive legal framework and the proliferation of laws on e-justice process scattered across Federal and State legislations, NJC policies and recommendations or from the partial/non-application of electronics and modern information and communications technologies in our judicial institutions. The consequences are loss of case files, delay in our justice system, caused by manual filing process; high volume of court records and cases with limited space and time; delay in communication of rulings, judgments and orders of courts. The greatest consequence of the non application of ICT during the coronavirus (COVID-19) Pandemic is the total collapse of the Nigerian judiciary amidst the ‘sit at home’ declaration by the Federal Government of Nigeria and the Chief Justice of Nigeria (as it relates to Courts in Nigeria). The aim of this piece is to find out the factors militating against the adoption of the use of ICT in the Nigerian justice system. In doing so, this work will not only be discussing the legal framework for the use of ICT in Nigeria but also proffered solution thereto. This work therefore made a fundamental recommendation for a full capacity launching of the use of ICT in the administration of justice in Nigeria. This will be achieved by the provision of ICT infrastructure and equipment to all courts jurisdictions, provision of adequate funding, uninterrupted power supply, adequate training, provision of internet networks and adequate physical and software security and anti-virus software for the courts technologies. This work also made a case for a review of all the ICT enabling laws and for the strengthening of court institutions towards achieving a transition to into e-justice system in Nigeria.