technology

ADVANCING ONLINE DISPUTE RESOLUTION IN NIGERIA: CURRENT OPPORTUNITIES, LEGAL CHALLENGES AND THE WAYS FORWARD

Jimoh, Mujib Akann

INTRODUCTION

“In my view, the simplest answer to this issue is, ‘It’s 2020’. We no longer record evidence using quill and ink. In fact, we apparently do not even teach children to use cursive writing in all schools anymore. We now have the technological ability to communicate remotely effectively. Using it is more efficient and far less costly than personal attendance. We should not be going back. That is not to say that there are not legitimate issues that deserve consideration. Technology is a tool, not an answer.” Arconti et. al. v. Smith et. al.2

The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. Nonetheless there are some legitimate concern about the issue of evidence, especially examination of witnesses, which may not be best suited for virtual court. Among these are technological inadequacy necessary for virtual court hearings in Nigeria leading to recommendations arising from practices in other jurisdictions

Keywords: Online Dispute Resolution, Virtual court, Public trial, Evidence, Technology

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.6

LLB (First Class); BL (Hons); Associate, Banwo & Ighodalo, Lagos, Nigeria. mjimoh@banwo-ighodalo.com; mujibjimoh@yahoo.com.

ACHIEVING EXCELLENCE IN THE LEGAL PROFESSION IN A GLOBALIZED WORLD: IMPERATIVES FOR DEVELOPING ECONOMIES

Felicia Eimunjeze*

ABSTRACT

That the world has become a global village is a cliché. Today, as far as communication and dissemination of information is concerned, distance is no longer a barrier. It is therefore imperative that the training of lawyers in developing economies prepare them to be relevant and function efficiently and effectively in a borderless world. The increasing impacts of information technology and the internet have demystified knowledge and skills in all professions leaving the lawyer of today a person of business and ethics. The key argument in this paper is that the appropriate response to this is not in how much more of Law and Practice are crammed into Schools’ curricula; rather it is in training law students to become practitioners whose services will be valued in the internationalized market of today. The key to excellence in a globalized world is for lawyers to be prepared with the relevant skills, knowledge, and technological sophistication needed for them to meet complex expectations of clients in terms of high ethical standards, personal conduct and efficiency, knowledge and skill in that order.

Keywords: Legal education, excellence, globalization, technology


* Deputy Director (Academics) The Nigerian Law School. Email: feimunjeze@gmail.com.