Virtualization and Digitalization of Proceedings in Nigerian Superior Courts: How Prepared Are Our Courts?

By Francis Moses Nworah, Esq.

INTRODUCTION:

Today’s information technology age has ‘merged’ the otherwise distinct realms of the offline world and the virtual world. Cyberspace signifies digital revolution, high speed, and a limitless, borderless expanse, which is affecting mankind and, by extension, services rendered for and by mankind. It is no doubt that, despite the advantages of information technology, there is some growing proliferation of e-crimes in cyberspace, which can be termed as some technological disadvantages ranging from cyber warfare, cyber terrorism, hacking, data thefts, invasion of privacy, phishing attacks, intellectual property infringements, and identity theft and other computer-related frauds. It is pertinent to note here that there will be a publication covering types of digital/internet fraud and how to minimize the risk of vulnerability or threat before/upon occurrence, because it is currently happening to someone or even you as you are reading this. Therefore, it is key that superior courts get ready to minimize the risks associated with virtualization and digitization migration, both for the courts and participants, by deploying preventive firewalls or recovery mechanisms that will occur.

This paper primarily discusses the minimal requirements for the setting up of cyber courts, which were introduced into legal practice as a result of numerous issues brought about by the COVID-19 pandemic in a variety of spheres of life, including legal practice. This was as a result of worries that a trial that draws a sizable crowd might lead to the spread of COVID-19. Consequently, the various pronouncements and classifications of fields/areas of work and lives into essential and non-essential that can cluster or physically transact, excluding legal practitioners, hence the emergence of this subject matter. It is worthy of note to state here that the primary function of the Covid-19 rules or practice direction by the National Judicial Council of Nigeria, as it were, was to address the impromptu issue of sitting in courts during the pandemic and to manage the restriction of movement during the period while delivering justice or conducting court-related business, but not to sincerely migrate into full-blown virtual court proceedings in Nigeria as it is now. Therefore, the subsequent springing up of digital court processes and proceedings by most superior courts afterwards was more of an afterthought. Although the National Industrial Court of Nigeria and some other superior courts had in their rules certain digitally friendly provisions, they were captured not in preparation for virtual court proceedings but in order to address the far-reaching decision in Kubor v. Dickson, which is reactionary but not proactively ready for the elephant in the room.

One thing that is apparent from above is that, for a superior head of court to be sure of confronting the big elephant in the room (fast-approaching online/virtual/remote/digital court proceedings/services), these heads of court must be sure that they are both virtually and digitally ready by confirming to themselves that they possess the minimum threshold required for the establishment and successful running of virtual/online/cyber/remote/digital court proceedings/services. Having written and published as a guide our first series on digitalization, little or no need is required here to define digital law and other related concepts already contained in the previous paper. Therefore, for the essence of this write-up, we shall go straight to the business of identifying and explaining most of the things that are needed for the establishment and successful running of virtual court proceedings in the Nigerian Superior Court of Records. So, if you are reading this and have not gone through the previous work on “DIGITALIZATION IN/OF LAW PRACTICE, HOW PREPARED ARE YOU OR I?, then kindly access it through Google or any of the search engines or some widely read legal blogs for an easy flow of what might be missing in terms of tools and other tips that are required to adequately flow with certain concepts in this write-up.

CLARIFICATIONS OF NOMENCLATURES:

It is pertinent in this digital disruption journey at this juncture to note that, either due to the massive effect of geometrical internet disruptions or adoption phobia of information technology, especially within the legal profession, we have all, one way or the other, missed or mumbled the nomenclatures of information technology, including the phrasal usage of common terminologies in offline court proceedings, and it is excusable because it is not ‘the knowledge of law’ that its ignorance is punitive. Therefore, there is a need to try and address some of the divergent descriptions or names attributed to certain concepts that are, in a real sense not virtual court proceedings in its strict sense. This is important as we have all agreed to confront the “elephant in the room.” It is material at this juncture that certain terms relevant for the setting up of full-blown virtual court proceedings are identified and a brief explanation given to them in this write-up. Some of these terms are;

1. Digital Court:The notion of digital courts is synonymous with the notion of “electronic lawsuits” or “remote litigation,” which has gained traction in a number of countries. Some people define the digital court as a computerized environment that exists in two distinct ways and demonstrates the digital spatial organization appearance of judicial and managerial abilities units; it is a forum where a panel of judges hears cases and renders decisions in line with laws allowing them to start legal proceedings in that manner; it also adopts ultra-modern case file mechanisms that record legal proceedings, such as computerized case Software or case digitalization.
2. Virtual Courts:A virtual court aims to create a fully digital court environment, eliminating the need for physical presence of litigants or lawyers. The entire case, from filing to adjudication, is conducted online. This includes accessing court documents, submitting evidence, and even conducting hearings via video conference and so on;
3. Remote Courts:Remote courts focus on the physical location of participants during a hearing. Some or all participants can attend court remotely via video or phone. This means the court may be physically located in one place, but the judge, lawyers, and parties can participate from different locations;
4. Remote Court Proceedings: A RCP is a proceeding before a Judicial Officer(s) which extends beyond the traditional, physical court room. It utilises video and/or audio technology to link two or more locations simultaneously. RCP allows for parties, their representatives and/or witnesses to appear and/or testify before a court from another location. These locations are not bound by traditional territorial, state or national borders, meaning that appearances can even be made from persons abroad.
5. Online Courts:Online courts encompass a broader range of digital tools and platforms used to support court business. This could include online filing systems, access to court records, and even video conferencing for hearings, but not necessarily a fully digital, virtual court environment;
6. Virtual hearing: A virtual hearing, also known as a virtual court hearing or remote court hearing, is a legal proceeding conducted through electronic means, allowing judges, lawyers, court staff, and parties to participate remotely using technologies like video conferencing platforms. This contrasts with traditional in-person hearings where all parties attend the physical courtroom. Virtual hearings gained prominence during the COVID-19 pandemic as a way to maintain the administration of justice while adhering to public health restrictions;
7. Virtual Hearing Tools: Virtual hearing tools encompass technologies that enable remote or virtual court proceedings and hearing rehabilitation. This includes video conferencing platforms, software for remote evidence presentation, and virtual reality tools for hearing rehabilitation;
8. Video Conferencing: Video conferencing is live, visual connection between two or more remote parties over the internet that simulates a face-to-face meeting;
9. Virtualization:Virtualization according to Amazon means, technology that you can use to create virtual representations of servers, storage, networks, and other physical machines. Cambridge online dictionary defines virtualization as the process of changing something that exists in a real form into a virtual version (=one that is created using a computer). The same Cambridge dictionary defined virtualization, as the process of creating a virtual version or several virtual versions of a piece of computer equipment or software. It is clear and beyond peradventure that, virtualization is the technology needed to be used in the creation or conversion of information that can be used virtually.
10. Digitalizationon the other hand from Merriam-Webster, means, the process of converting something to digital form. Cambridge Online Dictionary on the other hand, define Digitalization from Digitalize as to change something such as a document to a digital form (= a form that can be stored and read by computers. The same Cambridge dictionary define Digitization as to start to use the digital technology such as computers and the internet to do something.  Therefore, digitalization is the process of changing or capturing information digitally into a device otherwise known as a virtualized technology;
11. Digital Judicial:Digital Judicial refers to the use of technology and digital platforms within the judicial system to enhance efficiency, accessibility, and the overall administration of justice. This encompasses various aspects, including digital courtrooms, online case management, and the use of digital evidence;
12. Digital Administration:Digital administration, also known as e-administration, is the process of using information and communication technology (ICT) to streamline administrative tasks and create a paperless office environment. It involves converting traditional paper-based processes into electronic formats to improve efficiency and productivity. The goal is to make administrative operations more effective, transparent, accessible, and responsive, particularly in the context of government and public services
13. Electronic Court: Someargue that the electronic court is a body that appoints a specialist panel of judges to hear cases and start legal proceedings through contemporary electronic methods. These methods can be found within judicial information systems that integrate parties and technology, utilizing the Internet and electronic computer filing programs for case hearings and decision-making; and the application of judgments to aid the litigants and achieve a prompt settlement of litigation, while others believe that, electronic court is a digital court that exist virtually and can only be accessed electronically by the operational use of any device capable of processing data.
14. Digital Court Recording^:Digital court recording is a process of digital court reporting, often known as electronic court reporting using audio recording devices to capture court proceeding by a digital court reporter. A digital court reporter on the other hand, captures the audio, provides detailed, non-phonetic shorthand annotations (notes), shares read backs of testimony and continually monitors the capture of audio, using multi-channel audio recording equipment already installed in court. Where a digital court recorder is meant to be part of any court proceeding, the court proceeding cannot commence if they are not present, as they are the impartial keeper of the court record who manages the proceeding;
15. MechanicalCourt Hearing: A mechanical court hearing typically involves a judge and sometimes an expert witness examining evidence and arguments related to a mechanical engineering issue, often involving machines or equipment. These hearings can be preliminary (to decide if a case should go to trial) or address specific legal issues like the admissibility of evidence. The focus is often on technical aspects of the case, such as machine vibrations or malfunctions, and the court may appoint an expert to provide specialized knowledge or a legal proceeding where mechanical engineering expertise is required. This could involve a court-appointed expert, a hearing about evidence related to machinery, or a case where mechanical issues are central to the dispute. The hearing might involve testimony, evidence presentation, and a judge’s decision on issues of fact and law related to mechanical engineering.
16. The Remote Judge Context: The first is where a Judicial Officer is physically and geographically remote from the court room: in chambers, overseas, on circuit or even at home.
17. The Remote Party Context: This scenario includes where the Judicial Officer is in the court room and the parties and /or witnesses are appearing remotely from a public or private video‐conferencing facility, a video‐conferencing suite in a law firm, in a correctional facility or even at home.
18. Separate Room Context: This context is where all parties are in one physical location or but are not all in the one court room together. This is often used for the testimony of children, as a means of protecting them from the formalities and intimidation of the court room where the defendant is present.
19. Remote Mobile Court Context: This context covers the scenario where a court is on circuit and where there is no court complex to use, for example in remote villagewhere there is no electricity or internet.
20. Streaming: This context is where the court proceedings in the court room are video or audio recorded and replayed in a remote location. For example, a case where the judge and parties are present in the court room, is streamed to a courtroom so that the publiccan attend.

COMPLIANCE THUS FAR WITH VIRTUALIZATION AND DIGITALIZATION OF COURT PROCEEDINGS BY NIGERIAN SUPERIOR COURTS:

Nigerian superior courts had already in place, some laws or legal frameworks, that seems an enabler to electronic law practice in their courts, but a major shake was experienced in all the courts, since after the pandemic of Corona Virus as a result of the steps taken by the then Chief Justice of Nigeria, His Lordship, Honourable Dr. Justice I.T. Muhammad, CFR, the Honourable Chief Justice of Nigeria (CJN) and Chairman of the National Judicial Council by the issuance of some circulars, such as that with Ref No: NJC/CIR/HOC/II/629 dated 20^th March 2020, another one of circular NJC/CIR/HOC/II/656 in April 2020 and the circular Ref No: NJC/CIR/HOC/II/631 dated 23^rd March 2020 addressed to all Heads of Court and Federal and State Judiciaries, wherein the CJN suspended all court sittings for an initial period of two (2) weeks, effective 24^th March 2020, except in matters that are urgent, essential or time bound according to extant laws. This herald a major shake and mandatory compliance with virtualization and digitalization in superior courts, irrespective of the court’s stands or believe on technological migration in their courts.

Furthermore, on the 30^th day of March 2020, the then President Mohammadu Buhari had ordered a lockdown and movement restrictions on non essential services in Lagos State, Abuja Federal Capital Territory and Ogun State, wherein legal services and administration of justice under these directives, although contrary to some countries, were classified as non-essential services, unlike medical services, law enforcement agencies services and providers of foods and basic necessities. Two weeks after the expiration of the first two weeks suspension period, the CJN issued yet another circular Ref No: NJC/CIR/HOC/II/656 dated 8^th April 2020 again addressed to all Heads of Court and Federal and State Judiciaries, extending the suspension of court sittings till further notice, to the exception of matters that are urgent, essential or timebound according to extant laws. This ordinarily would have signaled the opportunity and need for every Nigerian superior court technologically lagging behind, to immediately buckle up and start innovating all ways and means to adopt technology as the safest alternative way of justice delivery with or without movement restrictions.

Thankfully it is worthy of note that, prior to the emergence of Covid 19, as if the National Industrial Court of Nigeria (NICN) predicted the future by moving along the tides of digitalization, had in their laws/rules some digital safeguard that made the pandemic era less negatively impactful on their courts. To this effect, although some courts have certain laws that appears receptive to technology, but that of the NICN appeared more robust and suitable to cushion the effect of the pandemic. Equally, in compliance with the available circulars, some superior courts seized the opportunity to innovate on their existing technological facilities and services as well as promulgation of rules that can assist them navigate through the pandemic and has since after then, been improving and amending their rules. For example, the Supreme Court have gone beyond zoom or remote hearing strictly with the introduction and hopeful commencement of e-filings, with relevant innovated IT infrastructures, even though we are hopeful that, a full-blown Virtual Court Proceeding will soon take over the conventional offline/physical court proceedings in the Supreme Court, because there is yet no fully established blown Virtual Court Proceedings in the Supreme Court as at today. These bold steps taken by the Supreme court, led to the introduction and adoption in some Nigerian superior courts, E-filings, E-service and remote court hearing in most of its rules. The practicability of the contents of the rules are yet to turn into reality in most of the courts, hence this publication to set the tune or enumerate what is minimally required for the establishment and running of a full-blown Virtual Courts Proceedings. Noteworthy is the sad reality that, most of these enumerated concept are either still at drafting stages or about to kickstart. Indeed, many announcements or notices have been given recently by relevant stakeholders. These facilities and technologies also need to be very affordable, accessible and available to the legal profession as a whole with very broad and well-known navigation usage, with well secured applications or technology resources available to all (for instance proper evaluation of Skype, Teams, Zoom, Cisco Webex, etc e deployment for use).

As stated here earlier, the digital disruptions that took place as a result of the aftermath of Covid 19 Pandemic has led to many logical and illogical capturing, amendments and adoptions of certain policies and rules that portray the seeming readiness and willingness of Superior Courts to adjust to current realities of the moment, even though, most of these amendments, adoptions and policies or rules are not realistic because, they have outlived their usefulness. Some of the rush by some superior courts to make it appear to the world that, it has acquired some sorts of preparedness, by amending their rules and creating a space/page on their websites to include Virtual Courts. A closer perusal will reveal that, the website has a dormant hypertext or hyperlink space that makes it look or appear as if, Virtual Court Proceeding is on process. Although the gesture of trying to move with the tides is a welcoming development, but the sincerity of purpose and readiness is another thing, hence this writeup, to place on the one hand, what any Virtual Court Proceeding should have on ground, to show readiness and willingness to kickstart a proper Virtual Court Proceeding.

The following steps have been observed to be imbedded in different rules and practice directions of most superior courts or procedural rules of courts in Nigeria, as at the time of this writeup, in the bid to realistically or may be unrealistically appear to stay afloat in these digital disruptions of virtual court proceedings. These will be gauged as against other up and running virtual court proceeding around the world to know how far or if we can couple these pieces to kickstart us into the world of virtual court proceeding reality:

1. Application and Retrieval of Affidavit online;
2. Online/Electronic Filing of Court Processes;
3. Remote Court Hearing;
4. Virtual Court proceedings;
5. Online Service;
6. Electronic/Digital Signature;
7. Electronic Evidence;
8. Electronic Case Scheduling and Management;
9. Electronically Transmitted or Received Processes;

It is clear from above that, the National Industrial Court of Nigeria, appeared to be more proactive as earlier stated, followed by the Federal High Court of Nigeria, in their readiness not to be disrupted by the wave of virtualization and digitalization of legal proceedings in Nigeria and the world at large, even before other superior courts in Nigeria. This by no any other means, makes the National Industrial Court or the Federal High Court of Nigeria home and dried on the establishment and running of Virtual Court Proceedings, even though the NICN has some virtual court proceedings supportive provisions already in existence as far back as the year 2017, while the FHCN just announced it readiness to faceout physical filing. Prior to the pandemic, the NICN rules was robustly drafted that, its adoption during the pandemic cushioned the effects of justice delivery when the implementation on restriction of movements were announced during the pandemic. However, despite this giant stride, processes in the NICN are still being physically filed both in the National Industrial Court of Nigeria Headquarters and all other branches of the courts as at the time of this writeup in June, even though as stated earlier and after this page that, the FHCN, Lagos State division have announced the facing off, of physical of new mater by June, 20^th, 2025. No doubts that, as at mid-May, 2025, the National Industrial Courts and some other superior courts have deployed and are still test-running Artificial Intelligence (AI) record of proceedings taken and integration, after the same proceedings was launched by some courts before now including High Court of the Federal Capital Territory, Abuja sometimes around 20^th October, 2020. All these giants’ applaudable strides never the less, does not qualify or culminate into a proper readily available virtual court proceedings, as will be seen from arrays of minimum requirements of setting up a Virtual Courts Proceedings researched upon, from different jurisdictions with up and running virtual court proceedings in this writeup.

From above, technology which is a sine qua non to the effective implementation of successful virtual court proceeding, the need for an all inclusive Practice Directions relating to any form of virtualization and or digitalization when they are eventually promulgated is highly recommended, while putting into consideration key players that are remotely associated to the success or failure of virtual court proceeding such as, cyber security of the video conferencing and recording facilities to be adopted, the capacities of the judges/court staffers, and the cooperation of counsel to key into the technology and some other softer issues of integrity of the entire virtual proceedings such as ensuring that, witnesses who give virtual testimonies are not in the same environment with their counsel, while assuring best fair practice to all and sundry.

PREPARATION FOR VIRTUALIZATION AND DIGITALIZATION OF PROCEEDINGS IN COURTS:

The Book written by Jamil Afzal, is commendable as the most recent and reliable contribution to do justice to this sub-topic. It is noted in the Book that, the legal sector is the most significant one where the use of technology tools has become prevalent. Nowadays as earlier clarified in some of the concepts in this writeup, the terms “digital court system”, “digital agreement”, and “digital attorney” have gained widespread usage and are employed in a variety of ways by people as well as governments, leading to eagerness by all digitally affected sectors to try to swim along the tide. The Digital Jurisdiction also referred to as the “digital court”, is a virtual digital court; “The electronic version judiciary” is the term also used by many jurists to describe them. The judiciary is a reflection of the legislative and judicial branches’ digital visual presence in the system. These gadgets serve as a means of continuous connection with the general public by processing court inquiries, case schedules, electronic filing programs, and constant updates about case advancements and judgment opinions. Additionally, this court permits individuals interact between the parties and their representatives at every moment and place, encompassing pleading, testimony preparation, testimony submission, and direct contact with judicial personnel. The court furthermore offers sophisticated and novel means of monitoring cases, examining proceedings, even participating in sessions virtually, and accessing ruling judgments in all respects. It is simple and handy, and it facilitates quick and transparent information retrieval. At the outset of the digital dispute resolution ladder, the complainants can file their lawsuit and submit their grievance via this internet site or technological system, which also notifies them of the pleading’s begin and provides them with the appropriate paperwork. This online platform is necessary for the digital tribunal to function; digitally, using a software program, meetings are also conducted online. Certain methods could establish a single database where the private information and significant papers submitted by both the complainants are stored alongside the information they supplied. This means that authorities must erect a strong wall to safeguard this information, in particular in the light of the requests for exchanging it with nations that sign aid treaties. This is not the same as a computerized judge, which is an example of a strong artificial intelligence application where an electronic entity approaches a human entity in terms of decision-making and self-improvement. It is nearly universal among jurists that “the use of information and communication technology to achieve justice and facilitate communication between various actors” is the definition of digital justice.

The book added that, the legal procedure was greatly impacted by the adoption of the digital lawsuit platform since it reduced the amount of time needed to decide cases compared to when an individual was present by simultaneously easing the pain of both the litigants and the arbitrators. The transition from paper to digital form represents advancement in the capacity of the court system to provide both procedural and judiciary functions. Several descriptions for digital lawsuits technological innovations have been proposed by the legal community; arguably the most significant of these explanations is the procedure of transmitting dispute resolution demonstrates via the internet to the tribunal via e-mail, during which the materials undergo review by an authorized personnel and an assessment is made with respect to whether they are accepted or rejected and an electronic notification is delivered to the plaintiff’s attorney educating him of what has been carried out pertaining to these paperwork. This implies that what is known as dispute resolution by digital means, tribunal indicates that or internet-based tribunal is simply the use of current communication methods in litigation to take advantage of information and communications technology, even if this advantage is only limited.

Jamil’s book went further to say that, legal proceedings and chambers are overflowing with case-related files and records; computerized lawsuit makes it possible for plaintiffs and solicitors to provide legal paperwork from these vast volumes of material, improving the efficiency of the legal system. Additionally, this approach makes it possible to receive papers at any time of day, including on public holidays. The revolution in communications and information technology has given rise to several applications, one of which is electronic courts. The notion of digital courts is synonymous with the notion of “electronic lawsuits” or “remote litigation,” which has gained traction in a number of countries. The authority of the specialized judicial court to decide electronically the dispute known before it through the international connection network; and by relying on ultra-modern electronic systems and technical mechanisms with the aim of speeding up the settlement of disputes and making it easier for the disputing parties,” has been summarized as follows:

1. To achieve this, individual judicial courts’ operations must be computerized and linked together so that all legal protection judiciary conduct business electronically.
2. Information databases must also be used in lieu of traditional files and paperwork in a way that facilitates rapid retrieval of news and information.

The word “digital judicial” is regarded as one of the more recent terminology and notions, having emerged just a few years ago following the term “digital administration” in reference to court services; another factor contributing to its modernity is the rapidity at which they may be retrieved and linked simultaneously.

It is therefore safe to conclude here that, Nigerian courts in all earnest have not done badly in its preparedness to for virtualization and digitalization of court proceedings from the research and inquiries conducted while putting up this writeup together and they must be applauded. This is noted, despite the seeming snail-like one swoop migration that everyone is looking at, in juxtapositions of courts from advanced jurisdiction with Nigerian courts.

Thankfully today, being 7^th of June, 2025, I came across a circulated press release of 5^th of June, 2025 by the Chief Registrar of the Federal High Court of Nigeria, from a WhatsApp group, posted by Barr Ogechi Duruakwu, and I went further to confirm the veracity of same from various online news sites, blogs and links, if physical filing of all new cases and subsequent processes in Federal High Court Lagos Division, shall become operational from 23^rd June, 2025 and if physical/manual filing of new cases in Federal High Court, Lagos Division shall come to an end on 20^th June, 2025. It turns out to be so and for clarity’s sake, the press release reads thus:

PRESS RELEASE

NOTICE TO LAWYERS AND THE GENERAL PUBLIC

The Federal High Court of Nigeria formally notifies all legal practitioners that e-filling platform will become operational in the Lagos Division with effect from the 23rd day of June, 2025. In view of this, the final date for the manual filing of new cases in the Judicial Division shall end on the 20th day of June, 2025.

It is to be noted that all cases instituted prior to the go-live date shall continue to be processed manually, until judgment is delivered and those matters finally disposed of.

Any Lawyer who, either deliberately or inadvertently, understates the amount claimed, or incorrectly declares the number or type of documents filled, thereby causing an under-assessment of Prescribed fees, shall be liable to pay the balance due together with a penalty in the sum of ten thousand naira (N10,000) for each filling.

To ensure a seamless transition, all legal practitioners are required to obtained their Legal Mail accounts before the go-live date, as possession of a legal mail address is a mandatory prerequisite for access to the e-filling platform.

Lawyers can visit https://nigerianbar.ng and apply for their Legal Mail.

Documents that require an oath must be submitted to the Court via the e-affidavit platform (https://affidavit.courts.gov.ng) and the deponent must appear before the Commissioner for Oaths for the administration of the oath.

It shall be necessary for each Law Chamber to upload all relevant documents relating to its registration with the Corporate Affairs Commission (CAC) on the e-filling platform, while creating the Chambers’ profile.

Instructional videos providing detailed guidance on the use of the e-filing platform are available on YouTube at https://www.youtube.com/@JITPO-com and these materials shall also be circulated via the Lawyers’ WhatsApp platform.

Finally, a two-day interactive session on the e-filling system shall be convened during the week of 16th to 20th June, 2025. The precise date, time and venue shall be communicated in due course.

All legal practitioners are enjoined to be guided accordingly and to ensure strict compliance.

Signed

Sulaiman Amida Hassan, Esq.

Chief Registrar,

Federal High Court of Nigeria.

Thursday, 5th June , 2025.

Although the Lagos State High Court had posted a similar move of going fully digital on filing cases in 2024, it is yet to come to total fruition, if it is partially been done. For the avoidance of doubt, the following is still on the State High Court website:

E-Filing: E-filing is a feature in Lagos State High Court Judiciary Information System (JIS). Through the E-filing, we can file a case from anywhere in the world using internet. Users are required to have login credentials in order to file a case online.

The system will calculate Fee associated with a case automatically. The total Court Fee includes Court Fee prescribed in the Court Rules. The total Court Fee is payable online through Debit/Credit Card only. Other means of payment includes; Bank Payment (require payment to designated banks) and Manual/Cash Payment (require walk-in to the Judiciary).

Consequently, whatever be the case, the forgoing further justifies this writeup in all fronts and further reveal that, although most Superior Courts in Nigeria seems to be eager to launch an aspect of virtual court proceedings and massively publicize it, but these gestures hardly see to its reality that can be put together to form a full-blown virtual court proceeding in these superior courts. Despite all odds, stakeholders, especially Nigerian Lawyers must cooperate with superior courts to succeed in these pockets of ventures, especially by complying with the fundamentals of possessing a legal mail, uploading all Chamber relevant documents relating to its registration with the Corporate Affairs Commission (CAC) on the e-filling platform, creating the Chambers’ profile and any other required processes posted or to be posted by any superior courts as a pre-requisite to digitally utilize any of its services. As an expository, the creation and ability to manipulate legal mail by Nigerian lawyers, will solve a lot and reduce most technological phobia that computer novices might be confronted with. Therefore, it is further reiterated as an advice that lawyers who do not have legal-mail should create one, and those with dormant legal-mail should activate theirs forthwith.

BASIC REQUIREMENTS FOR VIRTUAL COURT PROCEEDINGS:

Apart from superior court’s intention to go fully into virtual court proceeding, supposed possession of Separate or Standalone Server/Technology Room and employment of qualified technological handlers, possession of strong network interface that can with the fastest speed, connect to ping, download & upload data easily across most devices, all courts before startup, must consult, compare and consider some common platforms’ (Microsoft Teams, Zoom, Cisco WebEx, Google Meet, Skype,) before rushing into virtual court proceeding set up. The essence of the consultation, comparison and consideration is to primarily amongst all, decipher:

• starting cost,
• ease of setup and use,
• number of participants,
• number of court proceedings at a time,
• the duration that a court can be online,
• the screen share,
• file sharing or upload,
• bandwidth,
• messaging and
• familiarity of gestures,
• video calls,
• availability of break-out rooms,
• supportable applications and browsers,
• capability of recording proceedings,
• the flexibility of registration per litigants or participants,
• the extent of the security/firewall,
• availability of standby support staffs, and
• feedbacks from previous users.

With the above settled and good to go, all willing or mandatory participants/litigants according to their roles, must anticipate or have the following handy in readiness to participate in virtual court proceedings, after stakeholders’ willingness to assist the process work:

1. Desktop/Laptop/Tablets/Smart Phone/Ipad;
2. Signing into the courtroomvia any provided link using legal-mail or any approved e-mail addresses by the court in question. One will interact with the followings:
   1. Projector/Screen;
   2. Drop‐screen ;
   3. Logitech or any other product camera/speakerphone; and
   4. Logitech or any other mini web‐cam.
3. Connect Desktop/Laptop/Tablets/Smart Phone/Ipadto Wi‐Fi/Mi-Fi/LAN/WAN;
4. Connect projector to Screen/Laptop, and ensure display maximises on the screen;
5. Connect Logitech Camera/any other speakerphone to laptop:
   1. Test to make sure audio/video is working clearly; and
   2. Ensure camera is pointing/any other focussed on the Judicial Officer/clerk.
6. Connect Logitech mini web‐cam to clerk’s desktop:
   1. Test to make sure video is clear;
   2. Ensure camera is pointing towards bar tables and gallery; and
   3. Ensure desktop audio is on mute.
7. Connect from Desktop/Laptop/Tablets/Smart Phone/Ipadto any approved Visual Court Application (VCA) software/platform;
8. Connect from Desktop/Laptop/Tablets/Smart Phone/IpadVCA software/platform;
9. Check on the big screen or any connecting device – two active windows – one showing the Judicial Officer/clerk and the other showing the bar tables/galleryor the required prompt according to the specifications of the software developer or the platform in use:
   1. Check the sharing of an exhibit on the big screenwhere there is one to be tendered in the virtual court proceeding.
10. Depending on where the person is attending via VCA software/platform, await them joining;
11. Ensure digital recording for approved persons– if available ‐ is ready – and prior to proceeding – do a sound check to ensure all audio is recorded clearly;
12. Other considerations:
    1. Depending on the size of the ‘second room’, additional audio/video facilities maybe required, e.g. a large audience. In this case it may be necessary to supplement the ‘second room’ with additional speakers, monitors, and microphones.

CHECKLIST OF FEATURES FOR VIRTUAL COURT PROCEEDING WORLDWIDE:

Consequently, the minimum required standard in the preparation for a Virtual Court Proceedings can be deciphered from various jurisdictions and courts who have established/deployed an up and running virtual court proceedings, in juxtaposition with the efforts put so far by various courts in Nigeria, for the establishment of virtual court proceedings, in accessing how far our superior courts of records have gone, to ascertain where we are. Looking at various courts or jurisdictions who have adopted Virtual Courts Proceedings as documented from various research carried out, while working on this paper, such as Remote Court Worldwide, Abu Dhabi Global Market, First Fully Digital Court, Online Dispute Resolution Centers and so on, one will agree with me that, our superior courts are almost there, if the pieces of their achievements can be synchronized per time and head towards having a virtual court proceeding in their courts.

In the bid by most superior courts to appear striving in this virtualization and digitalization era, a lot of asynchronized innovations are being introduced by them.  Although, Hon. Justice Justice Ishaq Bello, the Honourable, the Chief Judge of the Federal Capital Territory High Court, Abuja, as far back as October 2020 while launching a digital speech recording machine and video transcription system for quick and efficient court proceedings, captured the phases upon which digital courts deployment that includes virtual court proceedings in the FCT High Court will take, it still does not speak to clarity to purpose. My Lord specifically mentioned that, after this speech recording and video transcription, the next will be online filing deployment, then virtual court proceedings. Although, almost five (5) years after, the court have not yet started online filing to herald us into the second phase. Therefore, we can safely say that, the FCT High Court have not started running a virtual court proceeding, being the third phase as stated in the year 2020, after the online filing phase, which has not yet commenced. In addition, it is important to note that, the first phase, has only few courts in the FCT with the facilities to utilize the existing technology for the speech recording and video transcription. A few interrogations of those that went their ways to have their courts digitized in line with the first phase clarion call, some through foreign donors, do not have the financial leverage to continue sustaining those facilities beyond a certain period, due to many factors as I was personally informed by some of the court staffers. Although, we shall have another writeup to suggest possible avenues to access donors for the setting up and effective running of a virtual court proceeding, therefore, for the purpose of this write up, we are concentrating on the minimal requirements for the setting up and effective running of virtual court proceedings and how ready are our courts. So, we refused to be distracted by digressing into the issue of running cost of the existing digitalization of superior courts in Nigeria (smiles), as against the backdrop of doing justice to this writeup. These gestures or postures of the existing tools or gadgets in our superior courts as it is, does not in itself culminate into full preparedness that will attract top ranking of virtual court proceedings adoptions by countries worldwide.

From available verifiable resources within the writer’s reach, and close interactions with some already up and running virtual court jurisdictions, the followings are features of checklist that must be considered to be digitally innovated in setting up a virtual court proceeding either in civil and criminal or both worldwide:

1. Filing of Court Processes: using email, WhatsApp or Dropbox, email, e-lodgment or fax, dedicated portal,assessment and confirmation of filing fees software, Electronic Filing Service (EFS)
2. Service of Court Processes: email or WhatsApp, Legal Mail;
3. Provisions for Actual Court Sittings:Zoom, Microsoft Teams, Google Meets, Skype for business as well as other video conferencing platforms;
4. Admissibility and Taking of Evidence: frontloaded and contests on admissibility will be resolved byproducing the original for sighting;
5. Commencement of Remote Court Proceedings: an application is required to obtain permission to commence virtual hearing:
6. Appearances:Self-represented litigants are, however, constrained to attend hearings in person;
7. Testimony:permission to testify using audio-visual link;
8. Affidavit: E-Affidavits may also be sworn to through video link;
9. Address of Parties: E-Address of service for correspondence purposes;
10. Public Hearing of all matter: On the need for publicity of trials, participants are expected to obtain permission to join virtual hearings;
11. Proceedings: Gestures or How to raise objection;
12. Agreement for Virtual Court Proceedings:where there is an executed agreement between the parties for that purpose, a hearing can be conducted by video conferencing, telephone or the agreed method;
13. Case Schedules: A list of the bundle of exhibits to be relied on electronically are to be provided;
14. Unauthorized Record of Proceedings: it is prohibited for parties or counsel to record court proceedings without leave of court;
15. Coverage:Media personalities may be permitted to attend virtual trials to encourage publicity;
16. Witnesses:Examination in chief and cross examine witnesses;
17. Interpreter:Availability of either physical translator, AI, Siri or language imbedded gadgets.

ACTIVITIES AND EXPECTATIONS IN VIRTUAL COURT PROCEEDINGS:

It is important to state at this stage that, courts must note that, the core elements of every procedural fairness is centered around VOICE: the ability of litigants to participate in the case by expressing their own viewpoints; NEUTRALITY: the consistent application of legal principles by unbiased decision makers who are transparent about how decisions are made; RESPECT: individuals are treated with courtesy and respect, including respect for people’s rights; TRUST: decision makers are perceived as sincere and caring, trying to do the right thing; and HELPFULNESS: litigants perceive court actors as interested in their personal situation to the extent that the law allows. Therefore, the followings are the activities and expectations in a real time Virtual Court Proceedings that all courts must take note of and be familiar with. These stages which are not chronologically arranged, mut must be faced with at one time or the other in any given case/suit and careful attention must be paid, to avoid nonjusticiable outcome or dissatisfactions by litigants and the general public:

• LITIGANTS, PARTICIPANTS, SPEAKERS AND ATTENDEES: All superior courts must pay keen attention to this by setting out a logistical arrangements and rules for the litigants, their council and the general public that are not directly listed as parties or those who might have one role as a witness or so to play in the case.  These rules must ensure fairness and accessibility to satisfy the requirements of the Constitution of the Federal Republic of Nigeria  and other relevant rules that guides the court with utmost clarity and provisions of which rules will be superior upon conflict in terms of days, right of audience, procedure in speaking and so on. It is important for all superior courts to note that, apart from the public who are generally constitutionally entitled to login to any court proceedings, because all proceedings are expected to be in public, including all virtual court proceedings, the following persons are key players that must be accommodated as likely expected participant in the hearing, not necessarily as litigant, suspect or nominal complainant, but to meetup with the constitutional requirement of public court hearing. Therefore, a distinction must be made between those who are Participants who can both be seen and heard by all other Participants on any given day and time, from those who are Participants that will only be able to see and hear the Speakers, but cannot themselves be seen or heard based on arranged days, time and schedules or business of the court from the list prepared on any agreed day before the hearing proper. This is usually based on the following phone numbers, email addresses, designation, roles to be played by a participant in the court and the business of the day:
  • Judges/Justices;
  • Registrar and/or Court staff;
  • Hearing Technicians;
  • Transcribers or interpreters;
  • Party’s legal counsel;
  • Party’s representatives;
  • Witnesses(primary, official and experts);
  • Interpreters (where need be);
  • Any memberof the public who clicks, registers and want to participate in the virtual court proceeding hearing.
• USE OF LINKS, WEBSITES, VIDEO-CONFERENCING PLATFORM FOR PROCEEDINGS:All superior courts shall ensure that, it does not offend the constitutional provisions of public access to the hearing, without hindrance after clicking and registering through a publicly accessible sites. These therefore means that, all superior courts must have a functional up and running websites that will be manned by a registrar with above average knowledge on Information Technology. Some of our superior courts are no doubts already doing justice to this aspect and it is applauded, even though these proceedings are mostly in respect of Alternative Dispute Resolution Proceedings, but upon full deployment of virtual court proceeding in criminal and civil matters, it will be adopted. It is to be noted that, familiarity with some possible platforms, websites or browsers such as Cisco Webex, Meetings, Zoom, Microsoft, Skype, X (former Twitter), Teams etc in all matters, cases or causes such as civil, criminal or appeals is advised.
• USE OF VIDEO-CONFERENCING PLATFORM FORVIRTUAL PROCEEDINGS: This is where the bulk of the issues lies, either by direct available tools or websites or paid conferencing sites as arranged by the Registry of the court in question according to Rules of that court. The registry shall send in advance the website or link of the approved platform to all parties and equally make it available for the public to join with limited access.  The following edited guides are some of the help tips from the Abu Dhabi Virtual Court Proceedings:

1. Participant will need to able to connect with the following requirements:
   1. browser: Google Chrome, Microsoft Edge (recommended but others may work);
   2. connectivity: a strong and stable internet connection (preferably broadband or Wi-Fi, otherwise any stable high-speed data connection); and

• device and hardware: a computer or laptop with a microphone and camera; headphones with an in-built microphone (recommended for Speakers); Attendees can also use Smart Phones, iPads and similar devices to connect to the Video-Conferencing Platform.

1. The Registry will coordinate a test run with the Parties prior to the hearing to ensure all necessary technical requirements are met. This will involve circulating the video-conferencing link to the Party Participants, and performing a test run prior to the virtual court hearing, on a date convenient to the Parties, their legal representatives and any witnesses and experts who may be required to attend to ensure that they will have a stable connection to the Video-Conferencing Platform.
2. In appropriate cases, a pre-hearing conference may be scheduled in advance of the Virtual Court Proceedings, with the sole purpose of testing the proceedingsarrangements, in order to ensure the hearing can be conducted smoothly. In this respect (and whether the test run is to occur in the context of a pre- hearing conference or as a semi-court proceedings, or like a moot, it will be agreed here while taking into consideration the following roles:
   1. the Registry will serve as the ‘host’ of the meeting;
   2. each Participant will be able to test the various technical features of the Video-Conferencing Platform;

• the compatibility and connectivity of each Party Participant’s equipment (software, hardware) shall be tested during the pre-hearing conference, and the Participants shall check that they havesufficient audio and video presence in the remote hearing room; and

1. if the Parties intend to use translation services, such service provider shall if necessary be present to ensure that they understand the Protocol and are able to connect to the Video-Conferencing Platform.

1. All Partys’ Participants shall connect 15 minutes or earlier prior to the scheduled start time of thevirtual court proceedings (including at the start of each day if the hearing is to be held over multiple days until judgment). This will provide time to address any set- up, connectivity and other technical issues before the start time. When connecting, Partys’ Participants should identify themselves by the use of their full names in their user profile. Participants will usually join the virtual hearing room directly.
2. Before the hearing commences, the Registrar will confirm that the video and audio connection are working adequately for each Speakerand that the general public can all see and hear proceedings, irrespective of their interest in the proceedings as constitutionally provided. The Justice(s) or Judge(s) will enter the virtual court proceedings once the Registrar confirms that all Speakers are connected, with no audio-visual issues. The Registrar will then call the case.
3. To facilitate the effective functioning of the virtual court proceedings,the following arrangements shall be put in place:
   1. only the Speakers shall activate (i.e. turn on) the camera on their devices; all Attendees (i.e. non-Speakersor the general public, though with limited access) shall ensure that the camera on their device is turned off;
   2. only the Speaker(s) who is/ are addressing the Court at a given time shall have his or her microphone turned on; all other Participants shall ensure that their microphones areon mute;

• All Partys’Participants shall connect not less than 5 minutes prior to the time on which the hearing is scheduled to resume after each break or according to the rules of each court or proceedings;

1. A Speaker who has temporarily lost an adequate connection to the Video- Conferencing Platform must promptly notify the Court of that event (either through alternate means on the Video-Conferencing Platform, or by intervention of another Participant), so that the Court can take adequate measures to resolve the issue and resume the virtual court proceedings.
2. If required, virtual breakout rooms will be made available to the Parties throughout the duration of the hearing; however, any requirement for virtual breakout rooms are to be notified throughthe Registry by 4.00 pm, 5 days before the commencement of the virtual court proceedings so that appropriate arrangements can be put in place.
3. At the end of the hearing, the Justice(s)/Judge(s) willfirst disconnect following which the Registrar will end the session.

• RECORDING AND TRANSCRIPTIONOF THE VIRTUAL PROCEEDINGS: It is imperative to note that, most superior courts have gadgets and personnel to tackle this aspect and essential part of the virtual court proceedings. It is to be noted that, daily proceedings should be ready for collection either forthwith or days before the next adjourned date, after all corrections have been done, upon application and payment of the requisite fee by any interested party, including the general public, once the applicant satisfies the requirements of such. Parties can immediately write for correction of what does not reflect the proceedings of the said date, because, no Participant attending the virtual court hearing is permitted to make their own audio- or visual- recording of proceedings without the prior permission of the Court.
• SITTING DAYS AND HOURS:All superior courts through the Registrar as a host of the proceedings, shall earmark certain days for trials, questions and answers, including types of digital recorder or translator, or demonstration to ascertained preliminary stability, compatibility  of network, connectivity, video-conferencing platform to be adopted, with all respective parties and proper virtual court proceeding, with either Video-Conferencing Platform link that participants can register or registration guide by the court, sent to all Parties in advance in line with the rules of the virtual court proceedings. It is important to note that, all parties willing to be part must have installed on their device the recommended browsers such as Google Chrome, Microsoft Edge, Firefox, Windows Internet Explorer, Opera  The parties must ensure that, they have a strong and stable internet connection, such as broadband or Wi-Fi, Mi-Fi, LAN, WAN or otherwise any stable high-speed data connection on a reliable device and hardware such as computer or laptop with a microphone and camera, headphones with an in-built microphone for those to be heard in court by other participants. It therefore means that, anyone whose roles or attendance to the virtual court proceedings is strictly to observe or watch proceedings, can join the proceedings without necessarily having a speaker or mouth connected device or any Smart Phones, iPads, Desktop and any similar devices to connect to the Video-Conferencing Platform without having their mouth piece on or connected. It is important to note that, all parties on the day for hearing via virtual court proceedings shall log in with their real names, designation, not more than 20 minutes or so to 9:00 am after the Registrar must have ensured a perfect readiness for the business of the day, by testing the entire virtual instruments before calling the case shortly after the Judge must have logged in. It is pertinent to note the following throughout all virtual court proceedings:

1. only the Speakers shall activate (i.e. turn on) the camera on their devices; all Attendees (i.e. non-Speakers) shall ensure that the camera on their device is turned off;
2. only the Speaker(s) who is/ are addressing the Court at a given time shallhave his or her microphone turned on; all other Participants shall ensure that their microphones are on mute.
3. A Speaker who has temporarily lost an adequate connection to the Video- Conferencing or any adopted/deployed Platform must promptly notify the Court of that event (either through alternate means on the Video-Conferencing Platform, or by intervention of another Participant), so that the Court can take adequate measures to resolve the issue and resume the Virtual Court Proceedings.
4. If required, virtual breakout rooms will be made available to the Parties throughout the duration of the hearing; however, any requirement for virtual breakout rooms are to be notified throughthe Registry, five (5) days to the commencement of virtual court proceedings, so that appropriate arrangements can be put in place.

• SEMI-VIRTUAL/PRE-COURT PROCEEDINGSARRANGEMENTS: All superior courts can agree in advance with all listed parties to arrange a semi-virtual court proceedings for the purpose of individual configuration, where several litigants are to be in attendance from the same physical room and all parties irrespective of their affiliations, statues, reputation or so must be treated equally. Depending on the rules of the courts, it suggested that, it is tested across board in exchange of positions between parties, both physically and offline where practicable and possible.  This testing period shall as much as possible avoid touching the merit or life of the case during this period.
• ELECTRONIC BUNDLES OF DOCUMENTS:All scanned documents shall perfectly meetup with the front-loading procedure of the rules of superior court in place and in line with procedural laws such as Evidence Act and the rest regarding pleadings, rules, evidences, claims, witnesses statement on oaths, written addresses, settlement of documents, pre-hearing, list of authorities, pleaded/argued authorities and so on.
• EXAMINATION OF WITNESSES:This shall be in line with the existing rules of Evidence Act and other rules of procedure of the courts in question. The court must have extracted from the onset the method to be adopted in testifying, the manner of oaths taken, verification of the area where the witness shall be testifying from with certified and approved physical presence of certain persons by the court. These persons must be known and approved by the court many days before the court hearing with the knowledge of other parties, who shall confirm the physical place and persons approved by the court via the forwarded link of the virtual court proceedings platform. The camera shall as much as possible show the entire room or location of the witness with assurance that, the witnesses is not communicating with any other person and that he/she has just the approved list of documents needed, but not his or her witness statement on oaths or any other material that will aid or be used by him/her to give undue advantage to his or her testimony, if the materials are not with him or her.
• WITNESSES IN GENERAL: all parties shall bear the cost of making suitable arrangements for their witnesses if it is a witness other than the litigant himself and shall abide with the rules of testifying to the end, taking into cognizance the disruption and manipulation of Artificial Intelligence such as Veo3 that was just released some few days ago and other AI’s application that will be used to make the entire virtual court proceedings unfairly determined against one of the parties. The usage of available gestures, interpreters, or times allocated in a conventional court for submission, adumbration, cross-examination, re-examination, tendering of documents, objection(s), ruling(s) and so on shall be given adequate attention. Therefore, aParty Speaker should not simply unmute his or her audio feed to make an interjection without being invited to do so by the Court. The Parties shall where practicable and possible, arrange for a hearing observer to attend at the same premises as the witness, to ensure the integrity of the examination (i.e. that there is no person or recording-device present that was not approved by the Court), after parties directly or through their observer must have:
  • inspectedthe room from which the witness is expected to give evidence just prior to the giving of evidence to ensure that only the authorized persons (if any), materials and equipment are present;
  • remain inside the room during the witness’ evidence to ensure that no one enters the room;
  • monitor that sequestration of the witness is maintained; and
  • Capability of continuation of proceedings if any party deliberately fails to appear.
• SPEAKERS IN GENERAL:The parties to be heard either directly or through their legal representatives, shall:
  • speak directly into the microphone and look directly into the camera lens when addressing the Court;
  • addressing Justice(s),Judge(s) as “My Lord(s)” in superior courts;
  • be familiar with how to mute/ unmute their microphonesand operate their cameras and speakers;
  • mute their microphone when not speaking (and remember to unmute their microphone when they want to address the Court);
  • mute notifications on their devices;
  • when positioning the camera on their device, be mindful of camera angles, glare from windows and the background;
  • dress in appropriate court approvedattire as if attending before the Court in person;
  • remain seated for the hearing;
  • to the extent possible, reduce the number of other devices using theirinternet connection during the hearing; and
  • closeany applications that they are not using during the
• PROCEEDINGS INVOLVING FOREIGN PARTY(S):One has to consider reciprocity rules of courts, Evidence Act, Common Rules of Digital Laws, and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, Service of Court Process(es) Overseas in-line with Sheriffs and Civil Process Act and other reciprocal laws, Citation of authorities that are applicable to Nigerian context and the other country, the proceedings involving cross-jurisdictional application and interpretation.
• CONTEMPT: There should be some orderliness and respect fornon-adherence of rule guiding virtual court proceeding that can attract contempt of court against defaulters, or any major interruption during the proceedings by participants that is capable of obstructing smooth judicial process by any participants should attract contempt of the court;

BENEFITS OF FULL VIRTUAL COURT PROCEEDINGS IN NIGERIA:

It is no doubt that, the success of a virtual court proceedings or any online court hearing will depend on the facilities available to parties and their willingness to corporate with each other and adapt quickly. This subtopic will be gleaned from all advantages introduced by digitalization of court processes, ranging from e-filing, online affidavit, e-service, zoom trials, remote hearing and e-transcription, where Jakes Gibbss’ contribution of 24^th July, 2024 on e-recording, eulogized the essence of migration on digitalization of court reporting as follows:

“If it ain’t broke, don’t fix it,” goes the old adage. Traditional court reporting seemed to work just fine, didn’t it? Why would a court reporter make the effort to become a digital court reporter?

He stated that, well, there are a number of reasons why court reporting has gone digital. The most important reason is that there has been a massive shortage of court reporters for more than a decade, and it increases every year. So anything that can make the profession more accessible, like virtual court reporting, is a welcome development. Other benefits of going digital in court include:

• Shorter turnaround times for legal transcription;
• Digital audio and video files are very easy to deliver online compared to reams of legal documents sent through the mail;
• Audio and video files provide accurate legal transcription that is easy to review;
• Video recordings help verify the accuracy;

Although, there are disadvantages of everything on the face of the earth, but where the advantages outweigh the disadvantages, then it is a venture worth embarking on. To this end, the followings are some of the advantages of virtualization and digitalization of court proceedings sourced by the writer and captured in either repetitive or emphatic style because, technology is advancing rapidly, it will continue to offset some of the disadvantages that are apparent:

1. High digital ranking in the world;
2. Carbon emissions of cars and aircraft are minimized due to reduction of travelling to and fro courts, benefiting theenvironment;
3. Accessibility to all, thereby reducing the media trials against our court systems;
4. It saves cost both in human running of courts processes and to litigants;
5. Virtual court room is less antagonistic and frightening than conventional courts appearances to newbies;
6. It is efficient in management and handling;
7. It is safe in terms of security and exposure to attack;
8. It reduces digital divide and makes lawyers more accountable to their clients;
9. It enhances confidentiality of all parties irrespective of the jurisdiction;
10. It guarantees and solves all privacy concerns;
11. It increases access to justice without fear or favour;
12. It utilizes available technologies;
13. It increasesavailability of expert witnesses as their travel times are decreased, which can also reduce delay of trials;
14. It increasesflexibility in the scheduling of proceedings and accommodation of witnesses;
15. It increases thoroughness and preparation by judicial officers and lawyers;
16. It increasesefficiency and cost effectiveness for other justice agencies (for example, Legal Aid, Corrective Services and Public Prosecutions) due to reduced travel and waiting time;
17. The technology can be used to educate the broader community on important issues such asdomestic, family violence, child trafficking cases, organ harvesting, migration issues, drug abuse, internet fraud, prison decongestion and other non-custodial judicial processes and awareness;
18. The risk of spreading contagious/airborne diseases isminimised;
19. Court users are more likely to feel less intimidated or marginalised, compared to being present in the physical formalities of a courtroom;
20. Greater visibility and public access to justice available world‐wide through video access to the court room;
21. All cases are given a specific time to connect which eliminates waiting times often experienced at the physical courthouse;
22. Reduction of travel cost associated with travelling from remote locations to the physical court;
23. Outreach is improved and people can remain within the community to deal with legal matters; and:
24. Travel time, security risks etcfor Judicial Officers, court staff, lawyers, litigants and witnesses is substantially reduced.

CONCLUSION:

In conclusion, although Google just launched it Veo3 new AI Tool that generates convincing deepfakes of Riots, Conflicts, Election fraud that can affect the truism in our quest for virtualization and digitalization in courts proceedings, apart from other disruptive tools that can easily deceive or mimic real or fake court processes, revealing more big elephant in the room, and because there is a difference between “digitalization of law,” and “law of digitalization”, we must strive to pay close attention to details in this new world of technology. This is more needed now than ever, as we move closer to complete virtualization and digitalization of court proceedings in our superior courts, hoping that, this journey will herald a clear unambiguous law of virtualization and digitalization of court proceedings in Nigeria, capable of emulation from other advanced and advancing jurisdiction, if we get it right. For Courts affected by the suggestions proffered herein, should do more not to be kicked out of this ‘tsunamious’ digital occurrence, by deliberately expanding the knowledge gap of key players in the form of enrolling in/attending training and improving on the already existing digital deployments so far, in preparedness for all forms of digitalization, because traditional courts interaction is fast eroding. In this profession, it is obvious that, either courts are ready or not, virtualization and digitalization is fast catching up, and there is no room for fence standing under the guise of adopting only or some of the feature(s) of minimum required standard of virtual court proceedings as stated in this write-up. Therefore, for the good of the legal profession, we must be prepared and ready to take advantage of the existing big elephant (digitalization), if it is by coupling all the existing pieces of innovations into a full-blown digital court proceedings in our superior courts, so be it.

Each superior court is expected to consider the following in ensuring a chaotic free virtual court proceeding:

1. Keep within view of the video camera and refrain from turning away from the camera too often,as this can be unsettling for those making submissions or for a vulnerable witness undergoing sensitive cross examination;
2. Justices/Judges may wish to have a separate means of communicating directly with their registrar/clerk/associate, outside of the video application, and this can easily be achieved through such tools as SMS, Messenger or another video application in parallel;
3. Use “waiting room” functions to allow individuals into the “virtual courtroom”;
4. Place disruptive participants into the “waiting room” if necessary;
5. Use “break‐out” rooms or “chat” functions for sidebar conversations that others should nothear (such as bench discussions, attorney‐client discussions or where confidentiality is required);
6. Ensure the means for confidential counsel/client discussions is managed by counsel, not the court;
7. Prevent any person, other than those already introduced to the court, from entering the video conference room whilst a video conference hearing is in progress; and
8. Confirm email addresses, mobile telephone numbers or the preferred means of communication with parties.

Thank you for taking time to read this and expect more publications from all Digital Legal Practice, Expository, Tips and Simulations, Front and Back Doors of AI, Cybersecurity, Intellectual Property, E-Commerce, including how to Identify and Secure Your Digital Facilities.

Note: This is purely the authorship of Francis Moses Nworah, and it is copyrighted, although published with the aim to further achieve some of the mandates of the Digital Committee of the NBA.

You can reach the writer, Francis Moses Nworah Esq.,(Notary Public, LLM,  Ph.D Cand., DRS, SPIIM, Certified Ethical Hacker Enrollee), Chairman, NBA, Digital Law Committee, 2025 – 2026 of the Proactive Bar of Sir Mazi Afam Osigwe (SAN), NBA President, through: +2348037043371; Francisnworah@yahoo.com; Francisnowrah@nigerianbar.ng

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i  Written by Francis Moses Nworah Esq. Digital Chairman of NBA Committee and published on Monday, 9th of June 2025. This is the Second Series of Publications to be done in the sharing of Digital Legal knowledge by the Committee of NBA Digital of 2025 – 2026, under the able regime of NBA President, Mazi Afam Osigwe SAN.

ii  Karnika Seth, “Computers internet and New Technology Laws, “A Comprehensive reference work with special focus on developments in India.” Edition 2013

iii  Cyberwar, war conducted in and from computers and the networks connecting them, waged by states or their proxies against other states. Cyberwar is usually waged against government and military networks in order to disrupt, destroy, or deny their use. Cyberwar should not be confused with the terrorist use of cyberspace or with cyberespionage or cybercrime. Even though similar tactics are used in all four types of activities, it is a misinterpretation to define them all as cyberwar. Some states that have engaged in cyberwar may also have engaged in disruptive activities such as cyberespionage, but such activities in themselves do not constitute cyberwar. Accessed from https://www.britannica.com/topic/cyberwar on Sunday 4th May, 2025 by 5:55pm

iv  Cybercrime, the use of a computer as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy. Cybercrime, especially through the Internet, has grown in importance as the computer has become central to commerce, entertainment, and government. Accessed from https://www.britannica.com/topic/cyberwar on Sunday 4th May, 2025 by 6:00pm

v  Hacking is the act of identifying and then exploiting weaknesses in a computer system or network, usually to gain unauthorized access to personal or organizational data. Hacking is not always a malicious activity, but the term has mostly negative connotations due to its association with cybercrime. Accessed from https://www.kaspersky.com/resource-center/definitions/what-is-hacking on Sunday, 4th May, 2025 by 605pm.

vi  Data theft is the unauthorized acquisition of digital data from an entity, often driven by motives of financial profit or to disrupt business activities. It encompasses the illicit access, transfer, or storage of sensitive details ranging from personal credentials and financial records to proprietary technologies, algorithms, and processes. Accessed from https://www.proofpoint.com/us/threat-reference/data-theft on Sunday, 4th May, 2025 by 6:10pm

vii  Privacy invasion in the context of Computer Science refers to unauthorized access or disclosure of sensitive data, such as real-time GPS location, speed, and video footage, monitored by Unmanned Aerial Vehicles (UAVs) to third parties, compromising the confidentiality and privacy of the UAV operations. Accessed from https://www.sciencedirect.com/topics/computer-science/privacy-invasion on 4th May, 2025 by 6:13pm

viii  Phishing is a type of social engineering attack often used to steal user data, including login credentials and credit card numbers. It occurs when an attacker, masquerading as a trusted entity, dupes a victim into opening an email, instant message, or text message. The recipient is then tricked into clicking a malicious link, which can lead to the installation of malware, the freezing of the system as part of a ransomware attack or the revealing of sensitive information. Accessed from https://www.imperva.com/learn/application-security/phishing-attack-scam/ on 4th May, 2025 by 6:16pm

ix  Intellectual Property Infringement refers to the unauthorized use, reproduction, or distribution of someone else’s business intellectual property without permission. This violation of IP laws can take many forms, each carrying serious consequences for businesses. Some of these infringement could arise from Copyright Infringement , Trademark Infringement, Patent Infringement, Trade Secret Theft etc. accessed from https://www.oxyzo.in/blogs/intellectual-property-infringement-safeguarding-business-interests/107047 on Sunday, 4th of May, 2025 by 622pm

x  Identity theft happens when someone uses your personal information without your permission—such as your Social Security number, bank account number, and credit card information— to gain financial benefits or commit fraud. Accessed from https://www.investopedia.com/terms/i/identitytheft.asp on Sunday 4th May, 2025 by 6:26pm

xi  Ransomware, DDoS attacks, Cyberbullying, Harassment, Cyberstalking, Software piracy, Spam, Viruses, Cyber espionage, Fraud, Banking fraud, Malware, Disruption of computer, functionality, Hardware hacking and Sextortion

xii  You can see Paragraph E of the Guidelines that deals with Virtual Court Hearings released on 7th of May, 2020, by His Lordship the Chief Justice of Nigeria.

xiii Dr. Imoro Kubor & Change Advocacy Party v Hon. Seriake Henry Dickson, Peoples Democratic Parties & Independent National Electoral Commission (SC/369/2012)

xiv  Those courts that were, by virtue of Section 6 of the 1999 Court of the Federal of Republic of Nigeria, designated to be courts of records. These courts from ascending other are High Courts of all States, High Court of the Federal Capital Territory Abuja, Federal High Court, National Industrial Court, Customary and Sharia Court of Appeals, Appeal and Supreme Courts.

xv  Chief Justice of Nigeria, heads the Supreme Court and other courts in Nigeria; President of the Court of Appeal, heads the Court of Appeal in Nigeria; Presidents of Customary Court of Appeal in General and another separate one for the FCT, heads the Customary Court of Appeal in general and that of FCT respectively; Grand Khadi heads the Sharia Courts of Appeal in general and another separate one for the FCT, Chief Judge of the Federal High Court of Nigeria, Heads the Federal High Court; President of the National Industrial Court, heads the National Industrial Courts of Nigeria; Chief Judge of the Federal Capital Territory (FCT) High Court, heads the FCT High Court; Chief Judges of Various High Court of States in Nigeria, heads those High Courts in different States.

Xvi These terminologies are used for the purpose of this writeup, to describe that courts system that dispensed with, 90% physical courts legal initiations, proceedings, judgment delivery and appeal.

xvii  See the paper on “DIGITALIZATION IN/OF LAW PRACTICE, HOW PREPARED ARE YOU OR I?”

xviii  https://lawpavilion.com/blog/digitalization-in-of-law-practice-how-prepared-are-you-or-i-by-francis-moses-nworah/ 

xix  https://barristerng.com/digitalization-in-of-law-practice-how-prepared-are-you-or-i-francis-moses-nworah/?fbclid=IwY2xjawKwUTBleHRuA2FlbQIxMQBicmlkETFTQnlNcEpXMHRxeEUzbWgwAR4fnSW92QYEuNuvc2hBanTuXUatnG8wZihr8J4YVEOTOveJ7-zxBvev1Vd-Vw_aem_QLkcbBXbtzKf1ZvznEobIw

xx  Full or hybrid adoption of court services and procedure in justice adjudication and delivery.

xxi  Page 168 of Jafil’s book on “Implementation of Digital Law as a Legal Tool in the Current Digital Erra” 2024.

xxii  For example, the current method of National Industrial Court Lagos, vide https://nicnadr.gov.ng/live . In this instance, the both counsel are physically in court the witnesses or so are not physically in court, while the case is being conducted.

Click to access PJSI%20-%20Remote%20Court%20Proceedings%20Toolkit.pdf

According to HON. JUSTICE PETER A. AKHIHIERO (JUGDE, EDO STATE HIGH COURT), in his paper titled, “VIRTUAL COURT HEARINGS: TOWARDS A PURPOSIVE INTERPRETATION OF STATUTES” says, A virtual hearing is a court hearing conducted by audio-visual means, where cases are conducted without the need for participants to attend the Court in person.

https://dictionary.cambridge.org/dictionary/english/digitalize accessed on 4th May, 2025, by 10:32

Cambridge website Supra

Accessed from https://www.merriam-webster.com/dictionary/digitalization on 4th of May, 2025 by 9:20pm

Digitization on the other hand, from the same merriam-webster means, the same thing as Digitalization, because they all involve technological information and process as opposed to digital transformation, which is all about the customer. See https://www.forbes.com/sitesjasonbloomberg/2018/04/29/digitization-digitalization-and-digital-transformation-confuse-them-at-your-peril/ accessed on 4th May, 2025 by 10:32pm

https://dictionary.cambridge.org/dictionary/english/digitalize accessed on 4th May, 2025, by 10:32

Cambridge website Supra

Page 168 of Jamil’s book on “Implementation of Digital Law as a Legal Tool in the Current Digital Era” (2024)

Digital court reporting is similar to stenographic court reporting, but with some slight technology-based differences. See https://www.rev.com/blog/digital-court-reporting#potential-risks-of-digital-court-reporting accessed on 20th May, 2024.

https://remotelegal.com/blog/stenographic-digital-court-reporters-vs-digital-recordings/ accessed on 19th May, 2025.

https://www.maschinenkanzlei.de/en/court-expert-in-mechanical-engineering/ accessed on 30th May, 2025.

https://worldjusticeproject.org/sites/default/files/documents/PJSI%20-%20Remote%20Court%20Proceedings%20Toolkit.pdf the meanings in it items p to t were sourced from here

Electronic Transactions Act, Cap E14, Laws of the Federation of Nigeria, 2004 and some court and procedural rules that will or already discussed in this writeup.

Existing rules of National Industrial Court of Nigeria, captured in order 6A of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017

Introduction of Digital Notary see https://notary.gov.ng/

The Chief Judge of Lagos State,- just as it happened in relation to criminal administration of justice,- seems to be blazing the trail in this regard by the release of the draft Practice Directions for electronic filing and service of court processes and remote hearings, which has now formed part of the Rules of the Lagos State High Court.

The Federal High Court, Lagos State division, just announced that, by 20th June, 2025 phyisically filing will come to an end, while by 23rd June, 2025, the E-filling will commence. Note the circular in one of the pages of this paper.

https://punuka.com/the-covid-19-directives-of-the-chief-justice-of-nigeria-and-state-of-the-judiciary/#_ftn5 and circulars by various superior courts, including that of FHC, Lagos State Division of 6th June, 2025 etc.

Restrictions of Movements, classifications of essential workers, priority cases, classification of urgent matters to be heard physically and non-physical court hearing, mandatory face mask covering court appearances with fewer lawyers in court doing their courts business and so on.

All the existing websites of the Superior Courts in Niger with link for virtual court proceedings, are dormant as the time of this writeup.

Section 108 (2) of the Evidence Act (Amendment) Act 2023

Order 17(1) of Supreme Court Rules, 2024 provides for Electronic Filing; Order 6A of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 provides for Electronic Filing of processes and documents; Order 58 (2) (5) & (6) of the Federal High Court (Civil Procedure) Rules 2019 provides for Electronic Filing Registry, hearing of Electronically filed matter and filing electronically filed matter in the same matter respectively.

From Jamil Afzal’s contribution in his book “Implementation of Digital Law as a Legal Tool in the Current Digital Era” (2024) in Pages 107 – 108, says, “The introduction of COVID-19 compelled the legal system to employ electronic equipment; concurrently, European legal systems were not prepared to employ digital technology. Professor Richard Susskind, a member of the Society of Computers and Law in Britain, has long advocated for the active integration of contemporary technology into the legal system – Arowosaiye, Y. I. (2014). Information technology and it place in today’s legal practice, research and administration of justice. In International Conference on Law, Policy and Social Justice (ICLAPS 2014). He has focused his whole scientific career on this issue, which has gained widespread acknowledgment. His concepts are being applied in the online initiative “Remote Courts Worldwide,” which enables legal professionals across the world to exchange experiences in creating distant justice within the setting of the coronavirus epidemic. In the same vein, Costabel, A. M. (2023). The future of online justice according to Susskind: From COVID- 19 emergencies to global platforms. Journal of Multidisciplinary Research, 15(1), 79–86.

Lagos rules in readiness for the yet to commenced Virtual Court proceedings, Practice Direction for Remote Hearing of Cases in the Lagos State Judiciary of 4th May 2020, updated on 15 May 2020.; Order 18 of Supreme Court Rules, 2024 provides for Electronic Filing

Order 6 (19) of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 provides for Electronic Service of E-Filing; Order 7 (4) (5) of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 provides for electronic by means of electronic device and electronic proof of service respectively;

Order 17(3) of Supreme Court Rules, 2024 provides for Electronic Signature; Order 6A (8) (1) (3) & (2) of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 provides for Electronic Signatures of both parties and notarized document respectively; Order 58 (8) of the Federal High Court (Civil Procedure) Rules 2019 provides for Electronic Signature; Section 258 of the Evidence Act (Amendment) Act 2023 defines digital signature as an electronically generated signature which is attached to an electronically transmitted document to verify its contents and the sender’s identity. It went further to define electronic signature as authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature.

Evidence Act (Amendment) 2023. This procedural law, applicable to all courts, came into being, in order to bring the Evidence Act’s provisions in according with global technological advancements in evidence taking which shall be applicable to all judicial proceedings in or before courts in Nigeria.

Order 19 of Supreme Court Rules, 2024 provides for electronic case scheduling and management.

Order 7 (6) of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017. Sections 84 (A, B, & C) of the Evidence Act (Amendment) Act 2023 and as at 7th day of June, 2025, shortly before this publication, the Federal High Court of Nigeria on 5th June, 2025 released a Press about the end of physical filing of cases in Lagos State Division by 20th of June, 2025.

It is pertinent to note that, even in the Supreme Court of Nigeria, processes are still being physically filed, as the Electronic Court Process filing is not yet up and running. So, it is in other superior courts in Nigeria, as at the time of this writeup.

https://pmnewsnigeria.com/2020/10/28/fct-abuja-courts-go-partially-digital/ accessed on 19th May, 2024

Source: BarristerNG