The Federal High Court of Nigeria’s planned launch of its electronic affidavit (E-Affidavit) system on July 1, 2024, has been delayed.
The Chief Judge, Justice John Terhemba Tsoho, in the exercise of his powers as conferred by Orders 57 and 58 of the Federal High Court (Civil Procedure) Rules 2019 and all other powers enabling him in that respect, had announced the implementation of Practice Directions for the new system, aimed at enhancing efficiency, transparency, and compliance with global best practices.
The delay in the launch of the e-affidavit system raises concerns about the workability of the system and the readiness of the Federal High Court to digitalise the process of obtaining affidavits.
In an interview with NewsNGR, Barrister Ugochukwu Eze shared his insights on the workability of the proposed e-affidavit system.
According to him: “The proposed e-affidavit system is workable. However, what is required is for the court to set up a portal for the electronic filing of affidavits. That has not ben done. But I trust that plans are underway.
“In the same vein, I believe Nigeria is ready for electronic affidavits. As a matter of fact, the use of electronic affidavits is long overdue, as the system has been adopted in several countries. Many notaries currently attest to facts and authenticate documents remotely. So, it is workable, and Nigeria is ready.”
When asked about the incorporation of e-affidavits into judicial proceedings, Barrister Eze explained that the e-affidavit system only relates to the deposition of affidavits, not judicial proceedings. Therefore, physical copies of electronically deposed affidavits will still be required for court proceedings.
“The e-affidavit system introduced by the Federal High Court relates to deposition of affidavits and not to judicial proceedings. As such and as it stands now, even where an affidavit is deposed to electronically, a person who intends to use same in court proceedings will need to submit a physical copy to the court registry,” the Senior Counsel explained.
Regarding the technological preparedness of courts, Barrister Ezeh acknowledged that the Federal High Court currently lacks the necessary technology but believes that efforts are being made to develop a technological platform for electronic filing.
“Currently, the Federal High Court has no technology for the e-affidavit system. However, I believe that it is work in progress. I trust that the Federal High Court is working on creating a technological platform where affidavits will be filed electronically, given that the Practice Direction on E-Affidavit took effect on July 1, 2024. However, there is currently technology for e-affidavits at the Federal High Court,” he said.
He also highlighted that some States High Courts, like Rivers State, have already implemented e-filing systems, which have proven seamless and reliable despite some occasional delays.
Barrister Ezeh also noted that many courts in Nigeria use automated processes, including the National Industrial Court and the High Court of Lagos State, which have implemented e-filing systems and remote proceedings.
“Many courts use automated processes for some activities, but I do not think any court in Nigeria runs a fully automated process. Some divisions of the National Industrial Court conduct proceedings remotely. Lagos State has an e-filing system (LagCoMis) which is fully operational at the Magistrates’ Court.
“The High Court of Lagos State conducts proceedings remotely where parties so request. Some years ago, the Lagos State Judiciary introduced auto-recording microphones, voice recorders, and a Judiciary Information System where cases can be filed and tracked.
“There is also the Lagos State Criminal Information System, which is a crime data register containing information about defendants who are either awaiting trial, undergoing trial, or even convicted by the courts in Lagos State. As mentioned earlier, there is a fully operational e-filing system in Rivers State,” Eze noted.