Lawyers commend Lagos Judiciary for adoption of technology to expedite criminal trials
By Adenike Ayodele
Some lawyers have commended the Lagos State Chief Judge, Justice Kazeem Alogba, for strengthening access to justice and prison decongestion through adoption of technology in hearing of criminal cases.
The News Agency of Nigeria (NAN) reports that recently technology was deployed via virtual hearing of cases of 234 inmates in different parts of the state.
The virtual proceedings began in the month of January after the chief judge approved 234 inmates, who have not been attending court due to logistic issues, to benefit from the new initiative.
In separate interviews with NAN on Thursday, the lawyers said that the virtual proceedings was an innovative approach aimed to expedite the judicial process, decongest custodial centres and ensure that justice was served efficiently.
According to them, it is a ground breaking move to address prison congestion,
The Chairman of the Nigeria Bar Association (NBA) Epe Branch, Dr Saliu Jimoh, said that administration of criminal justice system in Lagos was drastically impeded by inadequate logistics to convey defendants in custody to courts.
Jimoh said that the challenge was more daunting in Epe, Magbon-Alade, Ikorodu areas that were far from correctional centres in the state.
He said that the virtual trial of 234 inmates in different custodial centres was a step in the right direction.
The chairman said over 70 per cent of inmates in correctional centres were awaiting trial with no end in sight due to several constraints, which virtual hearings was poised to solve.
He added that with the virtual hearing in place, many of the cases that suffered adjournments due to absence of inmates in court would receive adequate attention.
He said: “This perpetual absence in court due to no fault of defendants, will offend the provisions of the constitution with regards to fair hearing, so the need for a way out becomes imperative.
“Of recent, the application of virtual procedures was extended to trials of criminal cases, particularly where the defendants are in the custody.
“The virtual hearing platform developed by Global T & T New Solutions Ltd was introduced in 2020 during the COVID-19 pandemic, through the directive of the chief judge.
“The system can be used for all matters via application to the court by parties.
“Chief Magistrate Botoku of Epe Magistraterial District was one of the few Magistrates that first put to the test the use of virtual trial in criminal cases in the state,” the NBA chairman said.
Jimoh, however, said that the effectiveness of the adoption of virtual trial depended on many factors, ranging from adequate training for magistrates, judiciary staff, court users and the authorities of the correctional centres.
He added that power supply, internet facilities, particularly in the rural area of the state may pose strong challenges to the successful implementation of the programme.
According to him, for the hearing to achieve its objectives, all these factors must be adequately provided for by the judiciary and technical partners.
Jimoh said: “We have the challenge of ensuring that inmates are presented to court virtually as the staff of the correctional centres are not doing enough.
“For example, Magistrate Kadri of Epe Magisterial District on March 3 listed about 122 inmates for hearing but the correctional centres were only able to present about 10 for hearing
“Secondly, while the video of the hearing was excellent, the audio needs improvement to allow smooth and better session. These areas among others are rooms for improvement so that the overall objectives is attained.
“All in all, the introduction of virtual trial to the stream of administration of criminal justice in Lagos State is a step long due and one must commend the Chief Judge of the State and Attorney General for this innovation.”
The Publicity Secretary, NBA Epe Branch, Mr Anthony Sidi, said the virtual hearing of cases of 234 inmates by the Lagos Judiciary was a revolutionary solution to congestion of the correctional facilities.
Sidi, however, said the state judiciary, NBA branches and various correctional centres must cooperate by prompt production of the inmates to the court room for a successful implementation of the virtual hearing scheme.
Another Lagos-based Lawyer, Mr Abdul Wahab said the introduction of the virtual hearing or trial at the Epe Division was highly commendable.
Wahab said that the state judiciary had taken a leap into advancement of technology and also put the state ahead of others in delivery of justice.
He said virtual court hearings offered several advantages as it ensured efficiency and cost savings, reduction of logistical challenges and security arrangements for defendants, witnesses, and judicial officers.
Wahab said: “Apart from increasing accessibility, which enable participation from remote location, it equally improves safety and security, probably reduces risk of prison breaks etc.
“Lastly, one can say it enhances evidence management, which can facilitate the electronic management of evidence, reducing the risk of evidence tampering or loss.”
The lawyer, however, said that the judiciary and technical partners must ensure that virtual hearing process was not vulnerable to manipulation and therefore must operate with the highest level of data protection and cybersecurity.
“This will forestall any desperate party from manipulating the system and use it to enhance their case.
“The technical partners must ensure stable internet connectivity, to avoid audio or video delays and dropped calls which may disrupt the flow of virtual hearing.
Also, they should ensure they cover all ground to avoid technical difficulties which border on issues with hardware, software, or compatibility,” Wahab said.
The lawyer added that non-verbal cues like body language and facial expressions might be lost or misinterpreted in a virtual setting and so the court need to be painstaking in capturing the nuances of the parties.
Similarly, Mr Musa Hassan, the Assistant Secretary of NBA Epe, who also highlighted some of the challenges of virtual trial, however, said that the initiative was here to stay.
He implored all hands to be on deck in order for the judiciary to attain speedy dispensation of justice “as justice delayed is justice denied.” (NAN) (www.nannews.ng)
Edited by Bayo Sekoni
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