Preparing judiciary for emerging technologies

Experts say the speed of technology evolution is faster than that of law. This is more so as the world is daily inundated with emerging technologies, including artificial intelligence (AI), robotics, edutech, nanotech, biotech, robotics, and fintechs that challenge the status quo. LUCAS AJANAKU writes on the need to deepen the regulator’s collaboration and partnership with the judiciary.

MODERN governments sit on a tripod stand of the executive, legislature and judiciary. Though independent and act as checks and balances on one another, they are united by the overarching goal of ensuring good governance and preservation of the fundamental human rights of the citizens.

Though the judiciary has demonstrated courage so far in serving justice in matters that had to do with emerging technology, more still needed to be done in the area of forensic digital evidence.

On October 25, last year, there was a landmark ruling by an Abuja Federal High Court that overturned an interim order which directed the Central Bank of Nigeria (CBN) to unfreeze the bank accounts of a Nigerian financial technology (fintech) platform Risevest. In August, the CBN had secured a court order to freeze the bank accounts of fintech firms, Risevest, Bamboo, Trove and Chaka, for six months because they were involved in speculative activities that contributed to making the naira weaker to the United States dollar.

The presiding judge, Justice Taiwo O. Taiwo, in his judgment held that the CBN could not rely on a mere circular to freeze the bank accounts of a company using its accounts to trade in cryptocurrency.

“Being unknown to law, circulars cannot create an offence because it was not shown to have been issued under an order, Act, Law or Statute,” the judge said.

This Risevest win had come a month after the Federal High Court gave a similar order that the bank account of fintech stock trading app, Bamboo, be unfrozen.

The Nigerian Communications Commission (NCC) said it is committed to preparing the judiciary for the avalanche of litigations that will definitely arise from the deployment and use of these emerging technologies.

This commitment seems to be in sync with the Strategic Vision Plan (SVP) 2020-2025 of the Commission which had a five-Point Agenda, especially the last pillar, which is Facilitating Strategic Collaboration and Partnership to deepen the ICT sector for more opportunities.

Acting Director, Corporate Planning and Strategy Department, National Information Development Agency (NITDA), Dr. Aristotle Onumo, said the inflation rate at 20.77 per cent and unemployment rate at 33.3 per cent all high could only be brought down through digital innovations. “It is not going to get well soon, only digital innovation can get us out of our woes,” he said.

According to him, by 2030, the population of global human talent shortage will be more than 85 million or equivalent to that of Germany. “This talent shortage could lock in about $8.5 trillion in unrealised annual revenue,” he said.

Pursuant to collaboration, the Commission assembled the leadership of the judiciary for 18th workshop for judges in Lagos to enable them to be part of Information Communications Technology (ICT) trends, whose impact has affected global justice dispensation.

With the theme: “The Digital World and the Future of Adjudication,” judges from the federal and state high courts, and appeal courts attended the workshop.

Chairman, NCC Board, Prof. Adeolu Akande, urged the senior members of the bench to make greater contributions towards ICT development.

He said the judiciary remained the bedrock for any civilised society, adding that there was need to equip judicial officers with the requisite skills for effective adjudication, especially in the digitised world, where the rate of technology development is fast ahead of laws.

“The increased reliance on telecommunications, as well as the growth experienced in the sector, has introduced some issues of legal connotation which will be deliberated upon by various experts during this workshop. One of such issues is the ownership of online content and materials.

“So, it is envisaged that with the increase in the amount of online content, as well as the economic value attached to it, there will be a rise in conflicts as to ownership of online content and materials.

“It is necessary that your lordships are well prepared for the imminent increase in litigation in this area. Furthermore, with an increase in the number of transactions and businesses taking place in the online space, it is also expedient for your lordships to be exposed to the peculiarities of adjudicating conflicts in this era of digital presence and online identity,” he said.

He stated that the Commission conceived the idea of the forum, as part of its strategic partnership and collaboration, as a forum to further build the capacity of the distinguished judges with insights on these emerging issues in telecommunications.

“Hopefully, this workshop will illuminate these challenges and proffer ways to meet the dynamics of the changing times. I, therefore, enjoin you to freely make contributions and raise issues that would assist the commission in coming up with adequate regulatory measures that would enhance development in the communications sector of the economy. We assure you that every view expressed would be respected and considered in this regard,” he said.

The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, commended the Commission for the annual forum and restated the commitment of the judiciary to use technology for justice dispensation as well as support a more robust legal ecosystem for sustaining socio-economic growth through telecoms sector.

Represented by Justice of the Supreme Court of Nigeria, Justice Kudirat Kekere-Ekun, the CJN said through the use of ICT, the judiciary has improved, not just in judicial administration and services, but also in infrastructural development.

Ariwoola said regardless of the benefits of digitalization, there are bound to be liabilities and risks involved with its introduction and usage. He highlighted such risks as cybercrime, data piracy, and hacking, among several others.

“Our judicial system has been challenged with delays in dispensing justice. However, with the introduction of ICT into the judicial space, many of the difficulties associated with the conventional methods are gradually being dispensed with,” he said.

Justice Ariwoola said the path to effective and efficient justice delivery lies in the collective ability to continuously improve the nation’s justice sector with the use of ICT tools.

“The judiciary is committed to achieving lasting structural and ethical reforms that would reposition it to adequately meet the aspirations of court users and the public for the reliable, effective and efficient administration of justice through the use of ICT,” he said.

Danbatta said the new Strategic Vision Plan (SVP) 2020-2025 embodied several innovative elements deliberately designed to re-invent and transform the telecom ecosystem within the context of regulation.

“We have taken cognizance of the several notable advancements in the Nigerian telecommunications industry within the last five years, as well as the current global realities such as International Telecommunication Union (ITU) Strategic Plan (2020 – 2023), the Commission’s Strategic Management Plan (SMP) 2020-2024, the National Digital Economy Policy and Strategy (NDEPS) 2020-2030 for a digital Nigeria, the Nigerian National Broadband Plan (NNBP) 2020-2025 and the Economic Recovery and Growth Plan (ERGP) of the Federal Government.

“Thus, the new plan has been guided by and aligned to the NNBP (2020-2025), the NDEPS (2020-2030), the SMP (2020-2024), the ITU Strategic Plan and the ERGP of the Federal Government,” he said.

He said the new SVP 2021-2025 has five items namely: Organisational Renewal for Operational Efficiency and Regulatory Excellence; Facilitating the Provision of Infrastructure for a Digital Economy which fosters National Development; Promoting Fair Competition, Inclusive Growth, Increased investment and Innovative Services; Improve Quality of Service (QoS) for Enhanced Consumer Quality of Experience (QoE); and Facilitating Strategic Collaboration and Partnership.

He pointed out that to ensure strong commitment to its implementation, the new SVP also has inbuilt initiatives, key performance indicators developed from inception and activities tied to an implementation responsibility matrix.

“It also incorporates timelines and a robust monitoring and evaluation mechanism. It is equally outcome-based and recommendation-driven with follow-up actions to guide the Commission in operationalising the plan and assessing its performance over time,” he said.

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