Abstract:
Information and Communication Technology (ICT) has revolutionized the way in which the judiciary operates in recent years. Technology has become a critical factor in the development and advancement of the judiciary. The role of ICT in the judiciary cannot be overstated as it has not only improved access to justice but also increased efficiency and transparency in the legal system... Interestingly, the Evidence Act has been amended to bring its provisions in accordance with technological advancements in evidence-taking. This amendment enabled an intersection between technology and legal practice which will tremendously improve access to justice as a litigant can now in the comfort of his home file processes, depose to an affidavit electronically, digitally authenticate processes, and participate in court proceedings virtually.
INTRODUCTION
Information and Communication Technology, often abbreviated as ICT, serves as an extended synonym for Information Technology (IT). However, it encompasses a broader scope that underscores the significance of unified communication and the seamless integration of various components, including telecommunications (such as telephone lines and wireless signals), computers, middleware, essential software, storage, and audio-visual systems. These systems empower users to create, access, store, transmit, and manipulate information.
In an alternative perspective, ICT encompasses both IT and telecommunication, along with broadcast media and the full spectrum of audio and video processing. Additionally, it involves the transmission of network-based control and monitoring functions. The term “ICT” was initially coined in 1997 within a report by Dennis Stevenson to the UK government. This expression gained traction and played a pivotal role in the development of the new curriculum documents for the UK in 2000.
While ICT has brought numerous benefits, it is important to acknowledge potential risks. Instances such as cyberbullying, phishing, and masquerading can be attributed to the realm of ICT. Moreover, the term “ICT” now extends to encompass the convergence of audio-visual and telephone networks with computer networks through a unified cabling or link system. This evolution has spurred the emergence of organizations incorporating “ICT” into their names, indicating their specialization in the intricate process of merging distinct network systems.
Information and Communication Technology (ICT) has revolutionized the way in which the judiciary operates in recent years. Technology has become a critical factor in the development and advancement of the judiciary. The role of ICT in the judiciary cannot be overstated as it has not only improved access to justice but also increased efficiency and transparency in the legal system.
ICT has also enabled easy access to legal information. Previously, the legal system relied on physical documents, which could be lost, misplaced, or damaged. Today, with the help of technology, legal information can be stored in digital form, and accessed easily by anyone with an internet connection. The digitization of legal documents has reduced the amount of time spent searching for and retrieving documents and has also reduced the chances of losing or misplacing important documents.
The use of Information Technology in the judiciary has, in the same vein, facilitated the development of electronic filing systems. Electronic filing systems have revolutionized the legal system by enabling the filing of documents online. This has significantly reduced the time spent on document processing and has made the legal process more efficient. Electronic filing systems have also improved access to justice by enabling people to file documents from anywhere in the world.
One of the most significant contributions of ICT to the judiciary is the development of video conferencing technology. Video conferencing technology has enabled remote court proceedings, and has significantly reduced the need for physical attendance in court. This has not only improved access to justice but has also reduced the time and costs associated with attending court in person.
Another significant role of information in the judiciary is the use of e-discovery tools. E-discovery tools are software programs that allow for the quick and easy search of large volumes of electronic data. E-discovery tools have become increasingly important in modern legal proceedings, particularly in cases involving large volumes of data. The use of e-discovery tools has not only made the legal process more efficient but has also reduced the costs associated with manual data retrieval. In addition to the above, information technology has also facilitated the development of legal research tools. Legal research tools are software programs that allow legal practitioners to conduct research on various legal topics. These tools have made legal research more efficient and accurate, and have also improved access to legal information.
Interestingly, the Evidence Act has been amended to bring its provisions in accordance with technological advancements in evidence-taking. This amendment enabled an intersection between technology and legal practice which will tremendously improve access to justice as a litigant can now in the comfort of his home file processes, depose to an affidavit electronically, digitally authenticate processes, and participate in court proceedings virtually.
CHALLENGES HINDERING THE EFFECTIVE INTEGRATION OF ICT WITHIN THE JUDICIARY.
The integration of ICT in strengthening the judiciary can bring about numerous benefits, but it also presents several challenges. Here are some problems that can affect the successful implementation of ICT in the judiciary:
1. Lack of infrastructure: In many regions, inadequate technological infrastructure, such as reliable internet connectivity and hardware, can hinder the effective adoption of ICT solutions in the judiciary.
2. Budget constraints: Implementing and maintaining ICT systems can be costly. Budget limitations might hinder the procurement of necessary hardware, software, and the hiring of skilled IT professionals.
3. Resistance to change: Traditional legal processes and workflows might be deeply ingrained, and there could be resistance to adopting new technologies and changing established practices.
4. Data security and privacy: Handling sensitive legal and personal information requires robust data security measures. Ensuring the confidentiality and integrity of data can be challenging, and breaches could have serious consequences.
5. Digital divide: Disparities in digital literacy and access to technology among judges, legal professionals, and court users can lead to unequal access and participation in the judicial process.
6. Training and capacity building: Adequate training is crucial for judges, lawyers, and court staff to effectively use new ICT tools. Insufficient training can lead to underutilization of technology or errors in implementation.
7. Integration with existing systems: Integrating new ICT with legacy systems and processes can be complex, requiring careful planning and coordination.
8. Complex legal processes: Legal procedures are often intricate and multifaceted, and adapting them to ICT systems can be challenging and time-consuming.
9. Maintenance and upgrades: Ongoing maintenance, updates, and upgrades are essential to keep ICT systems functioning optimally. Failure to do so can lead to inefficiencies or system vulnerabilities.
10. User accessibility and inclusivity: ICT systems should be designed to accommodate users with varying levels of digital literacy and physical abilities, ensuring equitable access to justice.
11. Vendor lock-in: Relying on proprietary software or solutions might result in vendor dependency, making it challenging to switch providers or adapt to changing needs.
12. Legal and regulatory challenges: The introduction of new technologies might necessitate revisions to existing legal frameworks, raising questions about jurisdiction, data retention, and digital signatures, among others.
13. Case management complexity: Integrating ICT solutions with complex case management processes can lead to technical and logistical challenges.
14. Technological obsolescence: Rapid advancements in technology can result in the swift obsolescence of ICT solutions, requiring constant updates and adaptations.
Addressing these challenges requires a comprehensive approach involving not only technological solutions but also changes in processes, training, policies, and stakeholder engagement. By acknowledging and proactively addressing these issues, the integration of ICT can contribute significantly to the modernization and efficiency of the judicial system.
ABOUT THE AUTHOR.
JESSE NWAENYO is a Senior Associate/Team leader, Dispute Resolution Team of STRACHAN PARTNERS – a leading commercial law firm in Nigeria. He has a wealth of experience in resolving complex issues in commercial, environmental, and intellectual property disputes, as well as Election Petitions and corporate matters, Jesse brings a comprehensive perspective to his legal practice.
Jesse’s dynamic skill set extends beyond the legal realm. As a sought-after speaker and prolific writer, he effortlessly translates intricate legal concepts into engaging discussions. His prowess as a leadership expert further solidifies his reputation as a multidimensional professional. Additionally, Jesse is currently undergoing training as a data analyst, demonstrating his commitment to staying at the forefront of evolving fields.
Beyond his professional endeavors, Jesse is a true nation-builder and a vocal proponent of good governance. His commitment to the betterment of society was palpable in his active participation in the 2019 General Elections in Nigeria, where he courageously contested for a seat in the National Assembly, specifically the Federal House of Representatives Elections. This experience underscores his deep involvement in the democratic process and his desire to contribute to his nation’s progress.
Click the link below to download a copy of this publication.
.jpeg)
.jpeg)
 ON THE JUDICIARY. | Jesse Nwaenyo, Esq.){kind=link}
0 Comments