THE IMPACT OF TECHNOLOGY ON THE NIGERIAN LEGAL SYSTEM

THE IMPACT OF TECHNOLOGY ON THE NIGERIAN LEGAL SYSTEM

Kyanati Ajita

University Of Jos

Technology has become the new normal in today's world. Virtually all aspects of life have been impacted, positively and negatively, by technology, ranging from communication to agriculture. The Nigerian legal system is not left behind.

The 10th Edition of Black's Law Dictionary, page 1692, defines technology as "modern equipment, machines, and methods based on contemporary knowledge of science and computers." Technology is the application of scientific knowledge to human problems.

The Nigerian legal system refers to the totality of laws in Nigeria and the machinery through which these laws are enforced. The components of the Nigerian legal system include the bench and the bar—judges and legal practitioners—legal education, legal research, law reporting, dispute resolution, sensitization of the public, and many others. In this article, both the positive and negative ways in which technology has impacted all of these will be examined.

POSITIVE IMPACTS OF TECHNOLOGY ON THE NIGERIAN LEGAL SYSTEM

Improvements in the laws governing court processes:  

  There have been recent advancements in the law that accommodate technology in court processes. These include the Evidence (Amendment) Act, 2023, Court of Appeal Rules, 2021, and various rules of High Courts. More emphasis will be placed on the plausible amendments of the Evidence Act and the Court of Appeal Rules.

  Section 10 of the Evidence (Amendment) Act, 2023, allows for the admissibility of electronic records as evidence where they satisfy the conditions of the Act. Also, by virtue of Section 3(1) of the Act, electronic records that are printed on paper, stored, recorded, or copied in optical or magnetic media or cloud computing databases produced by a computer are now generally considered to be documents and will be admissible in any judicial proceeding before Nigerian courts. Additionally, Section 10 of the Act allows for digital signatures in court documents or legal processes. Section 3 (1) of the Act further provides for electronic authentication of an electronic record, which can be done by affixing the digital signature of the maker on the record. Nevertheless, such a digital signature will only be considered reliable where the signature creation data can be linked to the signatory and no other person.

  Order 2 Rule 1 now provides that a notice of appeal may be served by electronic mail, especially if the party provided an email address during the proceedings at the lower court. Furthermore, Order 20 Rule 1 stipulates: "There shall be established a 24-hour electronic filing system in the Registry of the Court, functional in all the Judicial Divisions of the Court, for the electronic filing of Court processes and documents by parties." This enables efficiency in court processes. Also, Order 21 Rule 2 provides that: "The virtual hearing shall be by means of any audio-visual platform approved by the Court and a link will be provided to enable the public to observe the virtual proceedings." This allows for virtual hearings of matters by the court, subject to its discretion.

  All of these are laudable advancements in the law to accommodate technology. These laws, in turn, lead to a more efficient legal system.

Easy legal research:

  Technology has brought research materials to the fingertips of legal researchers. It has brought about electronic law reporting systems such as Law Pavilion Electronic Law Reports and the electronic Nigerian Weekly Law Reports, which have led to ease and speed in accessing cases from any part of the world. Also, there are websites for legal research, such as Legal Pedia, Law Pavilion, Learn Nigerian Law, Mondaq, and the like. Unlike the old practice of searching for cases in large books, technology provides judges, legal practitioners, law students, and the public with easier access to legal materials. This leads to the overall efficiency and knowledge base of Nigerians.

Online Dispute Resolution (ODR):  

  This is a type of alternative dispute resolution that employs technology in resolving disputes between parties. It uses a broad set of technologies, such as the internet, websites, email correspondence, and video conferencing. This has reduced the numerous backlog of cases in Nigerian courts. Also, it presents itself as a more flexible and accommodating means of dispute resolution than conventional litigation.

Improved networking and visibility:

  With the advent of social media platforms such as LinkedIn, Facebook, X, Instagram, and the like, legal practitioners and law students have been able to network better with colleagues, clients, and potential clients. Also, it has enhanced the visibility of law firms, leading to a larger client base. Outstanding among these social media platforms is LinkedIn, which has greatly boosted professional networking and visibility.

Less burden in legal education:

  Conventional legal education comes with a lot of burdens on law students and lecturers. The high cost of learning materials has greatly hampered the quest for knowledge. With the advent of technology, students have easier access to online study materials. Also, technology has impacted the mode of lecturing, as lecturers conduct online lectures, which enables flexibility and ease in learning. Additionally, through computer-based tests and examinations, lecturers are relieved of the stress associated with manual assessment of numerous scripts.

Video conferencing:

  Legal practitioners have employed video conferencing as a means of discussing with their clients. Through technology, it is no longer necessary to have physical meetings with clients. This has helped in reducing a lot of costs associated with physical meetings.

NEGATIVE IMPACTS OF TECHNOLOGY ON THE NIGERIAN LEGAL SYSTEM

Although technology has numerous impacts on the Nigerian legal system, there are also negative effects of technology. They include:

Plagiarism:

  Plagiarism is defined as the representation of another person's language, thoughts, ideas, or expressions as one's own original work. Technology has enabled some students and writers to copy and paste other people's work without acknowledging the source. This has led to laziness in legal research.

Data trespassing:

  This is another negative impact of technology on the Nigerian legal system. Through technology, a lot of data is stored in retrievable systems. When these are compromised, sensitive data may be lost or tampered with.

False information: 

  Because of wide access to the internet, a lot of false information regarding the law has been circulated. This has often confused the public as to the certainty of the law. Hence, one of the negative effects of technology is that it leads to lesser trust in the legal system.

CONCLUSION

Technology has come to stay and has revolutionized various spheres of life for Nigerians. The legal system is no exception. It is necessary for technological facilities to be made available to the various structures in the Nigerian legal system. The courts should be provided with facilities and systems with which the lofty improvements in the law can be implemented. It is also appropriate to state that technology has not come to eliminate the legal profession, but to make it easier. It is, therefore, pertinent for legal practitioners to adapt to the technological advancements in Nigeria.

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