The integration of technology into the administration of the justice system epitomises a justice delivery mechanism that enhances efficiency, transparency, and accessibility. It consists of several components like electronic filing, electronic case management, virtual courtroom hearing and online dispute resolution. The importance of implementing e-justice initiatives in the administration of justice in Nigeria is aptly reflected in the Latin maxim: tempora mutantur et nos mutamur in illis which means the times change, we also must change with the times. This is the reason the deployment of technology has become imperative in the Nigerian legal system. (i) The latest in the line of such radical integration is the introduction of the electronic affidavit (e-affidavit) in the Federal High Court of Nigeria.
By virtue of the powers of the Chief Judge of the Federal High Court under Orders 57 and 58 of the Federal High Court (Civil Procedure) Rules, 2019 (the Rules), the Honourable Chief Judge of the Federal High Court, Honourable Justice J. T. Tsoho, issued the Federal High Court (Practice Direction on E-Affidavit), 2024, on June 7, 2024. (ii) The Honourable Chief Judge announced that the Federal High Court (Practice Direction on E-Affidavit) would take effect from July 1, 2024. This Practice Direction was issued in exercise of the Chief Judge’s power to amend the Rules and issue practice directions from time to time. This power finds its origin in Section 254 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) (CFRN) which gives the Chief Judge of the Federal High Court the power to make rules for regulating the practice and procedure of the Federal High Court, subject to the provisions of any Act of the National Assembly. The drive towards adopting electronic justice initiatives such as electronic affidavit has been adopted by several State High Courts in Nigeria. Some of the Courts that have embraced e-affidavit as well as other components of electronic justice initiatives in their justice administration system include High Court of Lagos State, (iii) High Court of Oyo State, (iv) High Court of Abia State, (v) and High Court of Rivers State. (vi)
The introduction of the e-affidavit does not erode manual affidavits as they will exist side-by-side. The regulations in the Practice Direction define the applicability of e-affidavit and describe the mode of operation and usage. The Federal High Court (Practice Direction on E-Affidavit) is made up of five orders. A review of some orders in the Practice Direction is attempted below:
Order I restricts the applicability of the Practice Direction to E-Affidavits issued by the Federal High Court of Nigeria (FHC), save for other directives of the Chief Judge of the FHC.
Order II describes the objectives and guiding principles of the Practice Direction. It states that the Practice Direction seeks to protect the interests of litigants and other users who desire the use of e-affidavit to ensure efficient, transparent, and prompt issuances of e-affidavits. According to the Practice Direction, this is done in compliance with global best practices to regulate the standard of issuance of e-affidavits upon payment of prescribed fees.
Order III contains the mode of implementing e-affidavits. This order provides that an application for e-affidavit must be made online from the official website of the Court. The e-filing unit of the Court (under the supervision of the Deputy Chief Registrar (Litigation)) would control the e-affidavit software. To swear to an e-affidavit, deponents must upload their application electronically through a platform approved by the Chief Judge of the FHC. The cost of each affidavit will be such cost as is approved or reviewed by the Chief Judge of the FHC.Based on the above evaluation, the Practice Direction has no doubt set out the parameters for the implementation of e-affidavits in Nigeria. However, specific significant aspects of the implementation remain lacking. The creation of a task force to ensure smooth transition and efficiency of the e-affidavit initiative, as well as improving the speed of e-affidavit payment and generation, is recommended. Without the implementation of these recommendations to combat the present lacuna in several other e-justice initiatives in Nigeria, the deficits would outweigh any benefit of digital integration and issues of lack of accountability and transparency would persist.
REFERENCES
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Abia State Judiciary, Affidavits last accessed June 13, 2024.
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Constitution of the Federal Republic of Nigeria (As Amended) (CFRN)
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Dentos ACAS-Law, Rivers State Judiciary Introduces Electronic Affidavit, August 27, 2020 last accessed June 13, 2024.
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2024 Falana, SAN, ‘Reforming Administration of Criminal Justice in Lagos State’, This Day, June 11, 2024 last accessed June 13, 2024.
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Federal High Court (Civil Procedure) Rules, 2019
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2024 Umeh, ‘Oyo State Judiciary Updates E-filing with New Software’, Vanguard, December 21, 2022 last accessed June 13, 2024.
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2024 A. Akhihiero, ‘Virtual Court Hearings: Towards a Purposive Interpretation of Statutes’ last accessed May 23, 2024.
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Sunday Ejike, ‘Federal High Court issues practice directions on use of E-Affidavit’, Nigerian Tribune, June 11, 2024 last accessed June 13, 2024