It is clear that access to justice is a global issue, and that the lack of it persists in spite of many efforts to improve access to justice through legal and regulatory frameworks. Goal 16.3 of the Sustainable Development Goals of the United Nations (UN) states: “Promote the rule of law at the national and international levels and guarantee equal access to justice for all.” In other words, the need to provide justice for all without leaving anyone behind.
The use of technology in judicial systems around the world has existed for many years, albeit to varying degrees. Singaporean courts, for example, permit legal practitioners to make applications by way of video link. In the judicial system in Western Australia, it has been compulsory to electronically file court process in the civil jurisdiction of the Supreme Court since 1st March 2018. The impact of Covid-19 has been a catalyst for the further use of technology in judicial systems not only as dispute resolution, but also for economic and social development.
On 24th March 2020 the Supreme Court of the United Kingdom conducted its first ever remote hearing. The Dubai Courts confirmed that from 19th April 2020, all hearings would be conducted on Microsoft Teams. South Africa also took many measures partially in response to the pandemic which resulted in technological adjustments to the judicial system such a video conferencing by South African courts.
How can technology impact access to justice?
Technology can facilitate access to justice in different ways:
There are various Online Dispute Resolution (ODR) Mechanisms in place that leverage and combine concepts of alternative dispute resolution (ADR) such as mediation and arbitration with the use of technology. The benefits of this combination are that dispute resolution can do away with the potentially complicated, technical rules and procedures of some judicial systems while being conducted remotely as well using technology to deliver access to justice in a timely, fair, and effective manner.
There is little evidence of the use of technology in the judicial systems of developing countries. From the African perspective, one of the challenges is the cost of access to the internet reason being that Africa has the most expensive internet charges in the world. This means that having access to justice technological innovations can only be viable for most people in a world where technology itself is accessible as well. However, the tide is changing due to the influx of affordable smart phones and constant expansion of telecommunications companies and operations. As access to the Internet increases, more people are able to learn about their rights and the justice system. Again, professionals are able to polish their skills and also learn about current global trends and best practices in all areas of development.
The UN has highlighted access to justice as part of the Sustainable Development Goals, which implies that justice has a double importance: not only is it desirable due to its direct impact on people’s well-being, but it is also a catalyst and enabler of development. Hence, it is imperative for the use of technology to be promoted in the judicial system of Nigeria to enable efficiency and easy access to justice.
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