Judges Training: Ambassador Isola Recommends Use of Technology In Justice Delivery, Robust, Holistic Ammendment of Rules of Procedure For Courts To Isolate Outdated Rules
By Adetokunbo FAKEYE
Chief Judge of Federal High Court Hon Justice John Terhemba Tsoho OFR; Justice Gladys Olotu and MD Asset Management Company of Nigeria Mr. Ahmed Kuru welcoming Nigeria High Commissioner to UK His Excellency Sarafa Tunji Isola, OFR, to the training.
London - On the premises of the fact that in the judicial sector, across the globe, emerging technologies have enhanced speedy delivery of justice in legal matter, the Nigeria High Commissioner to the United Kingdom, Ambassador Sarafa Tunji Isola, OFR, has recommended use of technology in justice delivery to Nigerian Judges.
Ambassador Isola, who made the recommendation while delivering his speech entitled: "The Role Of Technology In The 21st Century Adjudication And The Place Of The Federal High Court In The Integrity Of Conventional And Virtual Economy" to declare open the training of the Federal High Court Judges at London, said, there is need for the Court to embrace technology in justice delivery. "E-filings of court process and online service should be encouraged. Moreso, the Court should take advantage of video conferencing apps or it can develop a custom software for virtual sittings. This will eliminate unnecessary adjournments due to absence of witnesses.
Chief Judge of Federal High Court, Hon. Justice John Terhemba Tsoho decorating Ambassador Sarafa Tunji Isola OFR with the commemorative emblems of 50 years (Golden anniversary) of the FHC of Nigeria.
"In addition, smart court recorders will lessen the burden of judges who have to take proceedings in longhand. The world is a more technological advanced arena and the Court should not be left out especially as businesses are increasingly done online".
Ambassador Isola added that there was need to constantly equip judicial officers with the requisite skills for effectual adjudication, especially in the digitized world, where the rate of technology development is fast ahead of laws.
According to him, "An effective justice system ensures contract enforcement, which is the basis of market transactions. A well-functioning judicial system is indispensable to business activities and to the society as a whole, hence Judicial efficiency is measured by trial length.
L-R Justice Olaifa Faji, MD AMCON, Mr. Ahmed Kuru; CJ Federal High Court Hon Justice John Terhemba Tsoho, OFR; Ambassador Sarafa Tunji Isola OFR; Justice Gladys Olotu of the Federal High Court and MD Nigerian Financial Intelligence Unit Mr. Modibbo R. Hamman Tukur.
"The judicial efficiency is closely associated with accessibility to judicial services and the certainty of an efficient judicial system raises people's confidence. Certainly, one of the factors that discourages investment, particularly foreign investment, in developing countries is the absence of an effective and reliable dispute resolution mechanism".
Nigeria High Commissioner to UK His Excellency Sarafa Tunji Isola OFR delivering his speech at Federal High Court Judges Training program in London.
BELOW IS THE FULL SPEECH OF HIS EXCELLENCY SARAFA TUNJI ISOLA OFR:
THE SPEECH TO DECLARE OPEN THE TRAINING OF THE FEDERAL HIGH COURT JUDGES AT LONDON, UNITED KINGDOM BY HIS EXCELLENCY SARAFA TUNJI ISOLA, OFR - HIGH COMMISSIONER FOR NIGERIA IN THE UNITED KINGDOM: THE ROLE OF TECHNOLOGY IN THE 21ST CENTURY ADJUDICATION AND THE PLACE OF THE FEDERAL HIGH COURT IN THE INTEGRITY OF CONVENTIONAL AND VIRTUAL ECONOMY.
Hon. Chief Judge of the Federal High Court;
The participating Hon. Judges of the Federal High Court; Chief Executive Officer, Asset Management Corporation of Nigeria and other officials of AMCON; The Director/Chief Executive Officer, Nigerian Financial Intelligence Unit: Chief Registrar of the Federal High Court: Director General - Legal Academy; Distinguished Ladies and Gentlemen.
1. It is with deep sense of honour that I address this gathering which comprises of the best legal minds of the Federal High Court of Nigeria. I believe the Chief Judge of the Federal High Court has convened this Conference in London for the purpose of creating an atmosphere whereby issues relating to the jurisprudence of the Court and emerging legal issues will be espoused. This interaction is undoubtedly key to the exercise and discharge of the exclusive constitutional responsibilities and prerogative of the Court.
PROPERTY OF THE FEDERAL REPUBLIC OF NIGERIA
2. Federal High Court is central to the Federal Government of Nigeria because of its extensive and exclusive jurisdiction in the matters critical to the economic reforms of the Government and financial system stability.
3. Whilst it is almost impossible to avoid disputes in commercial transactions, investors are concerned about the mechanism in place for resolving disputes that may arise in the course of business ventures. The popular phrase "time is money" cannot be overemphasized, because investors are unwilling to tie down money, capital or investment for an unascertainable period of time due to commercial disputes. The usual fear is that investment or capital would have lost its value by the time the dispute is eventually resolved. Thus, investors would be averse to investing funds in any country where dispute resolutions are not reliable, effective and efficient. This can only be mitigated by judicial reforms and sustained dynamic training of the judiciary as demonstrated by the leadership of the
Federal High Court.
4. An effective justice system ensures contract enforcement, which is the basis of market transactions. A well-functioning judicial system is indispensable to business activities and to the society as a whole, hence Judicial efficiency is measured by trial length. The judicial efficiency is closely associated with accessibility to judicial services and the certainty of an efficient judicial system raises people's confidence. Certainly, one of the factors that discourages investment, particularly foreign investment, in developing countries is the absence of an effective and reliable dispute resolution mechanism.
5. The Federal High Court has also been at the forefront of political development in Nigeria. Political stability is one of the characteristics of a working economy. The exclusive jurisdiction to try pre-election matters provided under sections 285 (14) of the Constitution of the Federal Republic of Nigeria 1999 as amended and 2 sections 29(5) and 84 (14) of the Electoral Act 2022 elevated the role of the Court in the political stability of the country. I must commend the Court for the admirable and efficient handling of the pre-election cases without any controversy. The Court was able to rein in the desperate antics of politicians and it upheld the rule of law which led to the peaceful conduct of the 2023 General Elections.
6. The Judiciary, especially the federal high Court plays an effective role in boosting our economic growth. Therefore, it is necessary for the leadership of the Federal High Court to embark on the desired, relevant and critical steps to constantly reform the Court to mirror and address judicial expediencies of the present times.
7. To reposition the Courts, especially the Federal High Court as the catalysts for economic growth in Nigeria, I hasten to recommend that the relevant judicial authorities should consider robust and holistic amendments be carried out on the rules of procedure for various courts in order to isolate outdated rules that undermine the efficient delivery of justice and the delay of court proceedings. The Court should prescribe a regime that aligns the theme of this Program in that direction because such mechanism has already been adopted by most developed and some of the developing nations. It is also very critical that credibility, competence and integrity should play a decisive role in the appointment, and discipline of the Court officials.
8. My Lord, the leadership of the judiciary should champion the amendments of our Constitution to discourage the tardiness in proceedings pursuant to unnecessary interlocutory applications. Additionally, it is essential that the manpower of the judiciary is proportionate or at least optimal to the density of cases in its dockets.
9. Another important recommendation is the need to curb the filing of frivolous cases which takes judicial time. It is a well known fact that the number of judges on the bench of the Federal High Court are saddled with too many cases on their dockets some of which are frivolous. There has to be effective strategies to eliminate this practice such as levying punitive costs on litigants and their counsel for filing such cases. These costs will serve as
deterrent to future litigants.
10. There is also need for the Court to embrace technology in justice delivery. E-filings of court process and online service should be encouraged. Moreso, the Court should take advantage of video conferencing apps or it can develop a custom software for virtual sittings. This will eliminate unnecessary adjournments due to absence of witnesses.
In addition, smart court recorders will lessen the burden of judges who have to take proceedings in longhand. The world is a more technological advanced arena and the Court should not be left out especially as businesses are increasingly done online.
11. These recommendations towards the reformation and transformation of the Nigerian judiciary may be endless. Nonetheless, it is advisable that this distinguished Court consider adopting judicial emergencies where appointment of new Judges is triggered once the threshold of permitted cases is exceeded by the
Court.
12. The foregoing fundamental recommendations may not be realized in the absence of massive human & infrastructural investment in the Court system. The Federal High Court should therefore collaborate with the National Judicial Institute to jointly re-invigorate the capacity development of judicial officers whilst the Alternative Dispute Resolution should also be developed through the relevant amendments to the Arbitration and Conciliation Act.
13. Fortunately, I am highly hopeful of reforms in the judiciary championed by President Ahmed Bola Tinubu. His antecedents when he was the governor of Lagos State leaves no doubt that the present administration will take giant steps by cooperating with the leadership of the judiciary so as to achieve positive results that will lead to effective performance of our Courts.
14. The Assets Management Corporation of Nigeria (AMCON) was established in response to the incidence of bad debts which threatened to cripple the Nigerian Banking Sector. In line with its core mandate, AMCON to revitalize Eligible Bank Assets from banks. The Corporation over the years has been instrumental in repositioning the economy as strong and vibrant. AMCON could not have done this alone without the indefatigable efforts of Your Lordships, the Judges of the Federal High Court who work tirelessly to ensure that AMCON cases are given priority and determined expeditiously. The working relationship between the Federal High Court and AMCON had led to a stable economy, attractive to investors both at home and abroad. Our banks are now stronger with expansion into the wider African markets due to this fruitful collaboration of the Court and the Corporation.
15. It is my earnest belief that at the end of this programme, innovative ideas and solutions to reposition to the Nigerian economy will be hatched. This great meeting of great legal minds gives me hope that the future of our dear nation is secure.
16. I wish to commend the remarkable decision of the Hon. Chief Judge of the Federal High Court to host the Federal High Court 2023 training program in United Kingdom, being the origin of our common laws.
17. Distinguished Lordships, I welcome you to London for this important Conference and wish to thank you for undertaking this long trip. May the program commence, continue and end on a successful note. I also wish you a safe trip back to your families and Divisions.
18. My Lords, Distinguished participants and Guests, it is my singular honour and privilege to declare the TRAINING OF THE HON. JUDGES OF THE FEDERAL HIGH COURT OPEN onbehalf of the Federal Government of Nigeria.
I wish you a fruitful and rewarding deliberations. Thank you and God bless us all.
L-R, Ambassador Sarafa Tunji Isola OFR, CJ FHC Hon. Justice John Terhemba Tsoho OFR.
The group picture of the Chief Judge Federal High Court Hon Justice John Terhemba Tsoho, OFR; Ambassador Sarafa Tunji Isola OFR, participating Judges and other court officials at the training program.
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