The Role of Technology in Access to Justice: Enhancing Court Processes in Nigeria -By O. M. Atoyebi, SAN FCIArb.(U.K)

CONTRIBUTOR: JESUTOFUNMI IDOWU

INTRODUCTION

The legal profession has long been seen as a conservative institution, deeply rooted in tradition and formalities. Its strict adherence to precedent and procedure has been praised as a cornerstone of its integrity and credibility. However, this commitment to tradition has also led to criticism, especially in a world where technological advancements are reshaping nearly every field. Critics argue that the legal profession’s reluctance to embrace innovation could isolate it from the evolving demands of society[1].

Despite this resistance, the role of technology in modern legal systems is undeniable. Globally, innovations driven by Information and Communication Technology (ICT) have already revolutionized how legal services are delivered and how courts operate[2]. From virtual courtrooms to electronic filing systems, these advancements are not only enhancing efficiency and transparency but also redefining what it means to have access to justice.

In Nigeria, while technology adoption in the legal profession is still in its developing stages, notable strides have been made. The incorporation of technology-friendly provisions in court rules, practice directions, and even the Evidence Act marks significant progress. Moreso, lawyers have increasingly turned to digital tools for legal research, drafting, and case management. However, many court processes still rely heavily on outdated, manual procedures, limiting the full potential of technology in enhancing access to justice.

This paper explores the transformative role of technology in improving access to justice in Nigeria. It will examine the current use of technology within the court system, highlighting areas where further integration could take place. Moreover, it will assess the challenges hindering widespread adoption and propose strategies for embedding technology into Nigeria’s judicial administration.

 

CONCEPTUALIZATION OF TERMS

Access to Justice

Access to justice is a fundamental tenet of any democratic society and a necessary condition for the enforcement of rights, protection of liberties, and upholding the rule of law. Broadly speaking, access to justice entails the ability of all individuals and groups, especially the vulnerable and marginalized, to obtain fair and equitable resolution of legal disputes. It encompasses several elements, including awareness, legal aid, timely adjudication, affordability, and fairness[3].

In Nigeria, access to justice has often been impeded by numerous systemic challenges, such as delays in court proceedings, high costs of litigation, non-inclusive court premises, and so on.[4]

 

Technology

Technology, in the context of this paper, refers primarily to Information and Communication Technology (ICT), a broad term that encompasses digital tools and systems used to store, retrieve, transmit, and manipulate data. ICT has improved the legal profession through the use of electronic filing systems, online legal databases, video conferencing tools, virtual hearing platforms, digital case management systems, and other computer-assisted legal tools[5].

Technology is increasingly being utilized in the legal profession to enhance efficiency, improve access to legal resources, and reduce procedural bottlenecks. Its application within court systems has shown the potential to improve the delivery of justice by minimizing physical barriers and increasing procedural transparency.

 

Court Processes

Court processes refer to the formal procedures and administrative steps undertaken in the adjudication of disputes through the judicial system. These processes range from the initiation of proceedings (for example, filing of cases), service of court processes, hearing of matters, delivery of judgments, and execution of court orders. Traditionally, these steps have been paper-based and physically conducted in courtrooms, leading to slow and often cumbersome administration of justice.

The integration of technology into court processes can significantly transform how these procedures are carried out, making them more accessible, faster, and less susceptible to human error. In advanced legal systems, automation and digitization of court processes have led to more efficient case management and improved user experience for litigants and practitioners alike.

 

THE ROLE OF TECHNOLOGY IN ENSURING ACCESS TO JUSTICE

Access to justice extends beyond the mere presence of courts or legal institutions; it encompasses the ability of individuals, especially the marginalized and underrepresented, to obtain timely, affordable, and fair resolution of disputes. In Nigeria, access to justice has historically been limited by a combination of systemic inefficiencies, high legal costs, delays in court processes, and physical barriers. However, the advent of technology is gradually reshaping this landscape[6]. Some of the ways technology is ensuring access to justice include:

 

1. Physical Barriers

Technology has helped reduce the distance between the Courts and the people. Through virtual hearings, parties in remote areas and witnesses who are out of jurisdiction can now give evidence in Court without being physically present. People with disabilities who are unable to access the Courtroom due to the structural non-inclusiveness of the Court premises can now participate in legal proceedings without the need to be physically present. By minimizing the need for physical presence, virtual hearing and video conferencing tools have expanded the reach of justice[7].

In the case of ATTORNEY GENERAL OF LAGOS STATE V. ATTORNEY GENERAL OF THE FEDERATION & ANOR,[8] the Plaintiff sued the defendant at the Supreme Court sitting in its original jurisdiction for the interpretation of Section 36 of the Constitution in relation to whether a virtual hearing will come under the definition of public hearing. Although the Suit was withdrawn, and the same was accordingly struck out, nonetheless, it is instructive to note that the Apex Court stated expressly that “Virtual sittings as of today are not unconstitutional.”[9] A similar situation occurred in the case of ATTORNEY GENERAL OF EKITI STATE V ATTORNEY GENERAL OF THE FEDERATION[10] wherein the Court also stated that virtual sittings are constitutional.

It is against this backdrop that the formal president of the Nigerian Bar Association, Mr Yakubu Chonoko Maikyau, SAN, during the quarterly meeting of the NBA-National Executive Council held in March 2023, called on the 2023 Presidential Election Tribunal to allow a live broadcast (live streaming) of its proceedings, to ensure openness, justice, transparency and trust in the judiciary, according to him “a live telecast of the Court proceedings is in the interest of the people of Nigeria”.[11]

 

2. Enhancing Legal Awareness and Education

The Internet and social media have become vital tools in raising legal awareness among the general public. NGOs, legal aid organizations, and even private law firms are leveraging digital platforms to educate citizens on their rights, the legal system, and available remedies. Legal information is now accessible through websites, apps, podcasts, and online articles, resources that empower people to make informed decisions when facing legal issues.

 

3. Streamlining Processes for Timely Justice

The use of technology in case management and filing processes has contributed to reducing procedural delays, which had been a major obstacle to access to justice in Nigeria. E-filing systems, electronic service of court processes, and digitized records make litigation more efficient, reduce opportunities for file loss, and enable courts to dispose of cases more quickly. A faster justice system is a more accessible one, particularly for vulnerable groups who suffer most from prolonged litigation.

From the service of processes via WhatsApp and other social media platforms upon the Court’s direction, to electronic filing through the Nigeria Case Management System (NCMS) portal, and the acceptance of electronic signatures, the Apex Court has taken impressive steps in embracing technology, thereby enhancing access to justice[12].

 

4. Enabling Access to Legal Aid

Technology also plays a crucial role in facilitating legal aid services. Platforms that connect clients with volunteer lawyers, offer virtual consultations, or manage case referrals are improving the efficiency and reach of legal aid organizations. This is especially important in a country like Nigeria, where many individuals cannot afford to hire lawyers and where government-funded legal aid programs are often under-resourced or non-existent. Platforms like NaijaBarrister, which connect clients with lawyers and offer free legal services, exemplify how technology can bridge the justice gap.

 

HOW TECHNOLOGY HAS ENHANCED COURT PROCESSES IN NIGERIA

Over the past decade, Nigeria’s judicial system has made notable strides in embracing technology to improve the administration of justice. Although progress has been gradual and somewhat uneven across jurisdictions, key reforms have begun to reshape how courts operate, from case filing to adjudication and record-keeping. These technological changes have played a significant role in addressing inefficiencies, reducing case backlogs, and promoting transparency.

 

1. Electronic Filing Systems (E-Filing)

One of the earliest and most impactful changes in court processes has been the introduction of e-filing systems. Courts like the Federal High Court have established a communications and service centre for E-filing under Order 58 FHC Rules which encompasses the establishment of an E-filing registrar in charge of the unit and the unit’s responsibilities shall run parallel with the existing filing procedure in the rules of the Court.[13]

The Supreme Court has also provided for the virtual hearing of court proceedings, either upon application by the parties or suo motu. It further provides that such virtual hearings shall be conducted via any audio/visual platform approved by the Court and that links will be made available to enable the public to observe the proceedings.[14]

 

2. Virtual Hearings and Remote Proceedings

The outbreak of COVID-19 demonstrated the need for a system of justice administration that was not hampered by the circumstances that existed at the time. Although the Courts have not had the chance to pronounce on the extent of the conformity of the technology with the provisions of our laws, the Supreme Court has, in two recent decisions, declared that virtual sittings are not unconstitutional. With the advent of platforms like Zoom, Google Meet, and the like, the Courts, having had a test run during the pandemic period, can now, with the provision of the necessary legal framework, adopt virtual hearings in cases, as may become necessary. This system is particularly laden with several advantages. First, it is time-saving, energy conserving and reduces the costs of attending court sittings as counsel and litigants can connect from their offices. Also, where provision is made for the receiving of evidence virtually, witnesses can give their testimonies from their safe-haven without fear of being vulnerable to threats to life from anywhere.[15] Furthermore, owing to the nature of the Nigerian custodial system and the difficulty of conveying persons charged with offences to court, ICT can provide relief by the provision of the necessary equipment for such defendants to connect to the virtual hearing from the safety of the Correctional centre or the custodial centre.

 

3. Courtroom Technology and Digital Transcription

In several courts in Nigeria, judges still take down the submission of counsel in writing. This not only wastes the time of the Court it also affects the health of the judge, thereby affecting the output rate of the judge.[16] However, a few courts have adopted the system of recording, through the use of technological devices, the proceedings of the Court. The use of these devices has no doubt assisted the adequate dispensation of justice as it has sped up the justice delivery process, helped take down adequate records without fear of errors, and refreshed the judge’s memory of the evidence led and received in respect of particular cases at the time of writing the judgement. If these devices, whether audio or video recorders are accessed by all Courts, then litigation in Nigeria will experience a transformation.

 

4. Case Management and Scheduling Systems

The automation of court registries through the implementation of case management systems is significantly enhancing the efficiency of administrative processes within the judiciary. These systems enable judges and court personnel to schedule hearings, assign matters, and manage case files with greater accuracy and expedience. By minimizing human error and reducing the incidence of misplaced files, such technology contributes to a more predictable and streamlined judicial process. Courts in jurisdictions such as Lagos, Abuja, and select others are progressively adopting these systems to improve workflow and institutional productivity.

Notably, the Supreme Court, pursuant to its 2024 Rules, has embraced electronic case scheduling and management as a strategic response to the challenges posed by increasing caseloads[17]. Furthermore, the practice of submitting filings via electronic storage devices, such as flash drives and compact discs, has gained traction in several courts, reflecting the judiciary’s broader shift toward digital integration.

 

5. Legal Research and Case Law Access

Judges, lawyers, and even law students now benefit from digital platforms such as LawPavilion, Legalpedia, and Primsol, which provide access to case law, statutes, and legal commentary. These platforms not only aid legal research but also support more informed and timely decision-making by the courts.

 

HOW CAN TECHNOLOGY BE FURTHER DEPLOYED IN THE LEGAL SYSTEM

The provision of a legal framework: The law is the bedrock of all social interactions and the standard against which governmental actions are measured. The provision of a legal framework for the use of technology, particularly in the Court system, will enhance the deployment of technology in the system. The various Heads of Courts are empowered by the Constitution to make rules guiding the practice and procedure of the Courts.[18] The provision for the use of technology in the various rules of the Court is vital in ensuring that technology has a place in the legal system. A vivid example is the Supreme Court Rule 2024 and the Court of Appeal Rules 2021, which has, to a commendable extent, allowed the use of technology in the Court. The provision of a legal framework for the use of technology in the Court system will also have a resultant effect on the practice and case management strategies of lawyers and law firms as they will be compelled to make use of same in their operations.

The provision of ICT facilities: Information and Communication Technology cannot be utilised without the provision of facilities to the Courts. One of the challenges faced by the legal system in the incorporation of technology is the unavailability of the necessary facilities needed to enhance undertakings and procedures in the system. Hence, ICT facilities should be made available to the Courts, which will aid the speedy administration of justice.

Training on the use and operations of the technology: Like many modern innovations, technology can be complex and requires a certain level of proficiency to use effectively. For technology to truly enhance access to justice and improve court processes, it is essential that those working within the justice system court staff, lawyers, and paralegal personnel are equipped with the technical know-how to operate the tools and systems made available to them. Without proper training and familiarity, the transformative potential of technology in the legal sector may remain untapped.

The use of secured technologies in the legal system: One of the major features of modern society is its evolving nature. This also rings true concerning the development of technologies. There are now technologies secure enough and capable of storing information for as long as they are desired to be kept. The use of Cloud technology or storage makes for easy access to information, as long as the person seeking such information has the access code or password. It eliminates the panic of losing vital documents through the destruction and theft of such other contingencies.

CHALLENGES FACING THE USE OF TECHNOLOGY IN THE LEGAL SYSTEM.

Despite the promise of technology in transforming the Nigerian justice system, the journey toward full adoption has been slow and uneven. Several challenges, ranging from infrastructural limitations to institutional resistance, continue to hinder the effective integration of digital solutions in the legal sector.

 

Inadequate knowledge of Information and Communication Technology.

The lack of a constant power supply.

Poor internet service

The high cost of procuring some technological facilities.

A myopic approach to the use of technology by legal practitioners (some lawyers are of the opinion that their practice is too small to require the use of technological facilities such as cloud storage).

The fear of falling victim to cyberattacks.

CONCLUSION

Technology has emerged as a vital tool in bridging the gap between the Nigerian justice system and the people it serves. By streamlining Court processes, enabling remote access to legal services, and improving transparency, technology has significantly contributed to enhancing access to justice. The introduction of innovations such as virtual hearings, electronic filing systems, and digital legal research platforms demonstrates that the legal profession in Nigeria is beginning to embrace the digital shift, albeit gradually.

 

Nevertheless, to fully realize the benefits of these advancements, it is essential to address the persistent challenges that hinder widespread adoption. Issues such as inadequate infrastructure, limited technical capacity among legal professionals, and uneven implementation across jurisdictions must be tackled through coordinated policy efforts, sustained investment, and continuous training. Only then can technology be fully embedded into the justice system, ensuring a more efficient, inclusive, and accessible legal environment for all Nigerians.

 

REFERENCE

Paul N. Christopher, Favour Uko Ebenezer: The Roles of Information and Communication Technology in Legal Profession; International Journal of Advancement in Education, Management, Science And Technology 5(2), December 2022, California. ISSN: 2788-7549 pg. 87; available at https://www.globalacademicstar.com/download/article/the-roles-of-information-and-communication-technology-in-legal-profession.pdf accessed on the 22nd April 2025. ↑

Technology And The Legal Profession In Nigeria: The Impact of Technology On The Legal Industry; (2020); Threshold Attorneys available at https://threshold-attorneys.com/wp-content/uploads/2020/10/DEMAND-NOTICE1.pdf accessed on the 22nd of April 2025 ↑

National Centre for Access to Justice: What is Access to Justice? Protecting Rights and Securing Basic Needs available at mailto:https://ncaj.org/what-access-justice?subject=https://ncaj.org/what-access-justice accessed on the 22nd of April 2025. ↑

Ibid ↑

Information and communication technologies; UNESCO IIEP Learning Portal; available at https://learningportal.iiep.unesco.org/en/glossary/information-and-communication-technologies-ict accessed 22nd April 2025. ↑

Valentine Chibueze Muoma Legal Reforms and Access To Justice In Nigeria: Challenges And Opportunities available