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Speaking at the Federal Ministry of Justice Retreat in Maiduguri, Dr. Wahab Shittu (SAN) called for a justice system driven by technology, innovation, and human rights principles — one that bridges the gap between urban reforms and rural realities.
Introduction
The theme of this retreat holds special promise for the administration of justice in Nigeria. Access to justice ensures that everyone can use and benefit from the justice system fairly, regardless of their financial situation or background and also enables the system to resolve legal problems and uphold their rights without undue cost, harm, or delay. It involves having knowledge of one’s rights, finding effective legal assistance and remedies, and also engaging with the system in a manner impartial, effective and efficient. Access to justice also includes legal aid, fair representation, and the ability to use justice as a platform for societal participation. It also means increased legal awareness and effective procedural and substantive justice to deliver fair processes that will result in fair outcomes for all without discrimination.
1.0. Enhancing Justice sector through technology implies the adoption of digital tools for efficiency, increased access, and fairness through the mechanisms of virtual court rooms and electronic case management systems. It also requires addressing security, data management, and equitable implementation to avoid creating new barriers. Key technological applications include AI for identifying bias and analysing trends, speech-to-text software for instant transcription, e-filing platforms for lawyers, and mobile apps to connect citizens with legal aid. A comprehensive strategy is needed to integrate these technologies with proper data management, cyber-security, and staff training to maximise benefits and ensure inclusivity.
It cannot be disputed that technology has the prospect of enhancing the justice sector in terms of increased efficiency and access (through virtual proceedings, e-filing and case management, improved data management and analysis and centralised information systems). Technology also has the capacity to enhance legal processes through the deployment of artificial intelligence for legal support, deployment of online tools such as Apps and platforms that can connect people with legal information. However, for technology to be effective in delivering access to justice, it must be designed to be accessible to all citizens and avoid creating new barriers or deepening existing inequalities; it must also provide data security and infrastructure; it also requires adequate training for judicial officers and support staff to enable them to be well-grounded on utilisation of new ICT tools and digital platforms to their full potential. Lastly, technological deployment should be part of a broader justice reform strategy that includes improved data management, information sharing, and coordination among all justice stakeholders.
Access to justice can also be strengthened through innovation especially through digital technologies like e-court, case management software, and video conferencing to improve efficiency, access to justice, and people-centred outcomes. Key innovations that could enhance justice delivery include: digitalisation of courts, deployment of artificial intelligence to enhance judicial processes through case management systems, predictive analytics for legal research and automated decision supporting tools. It also includes mobile applications to connect citizens with lawyers including justice technologies mapping to better understand how they can be leveraged for people’s centred justice. There are also alternative legal service providers to offer affordable legal services to those who cannot afford traditional lawyers.
Innovation also ensures the deployment of data driven approaches, a procedure which allows the utilisation of data to identify gaps and inform the design of new and effective models for justice.
A proper utilisation of innovative tools will deliver efficiency to the justice sector through increased efficiency, enhance access to justice, improve user experience and strengthen rule of law mechanisms that builds public confidence and upholds the rule of law. Deployment of innovation, however, are not without challenges which include a lack of systemic understanding about how to effectively use justice technologies to improve people centred justice, it also requires a change in mindset including funding constraints and the need for judicial training and potential ethical concerns that may arise in the deployment of artificial intelligence. There are also difficulties in securing funding for both innovative solutions and the necessary infrastructure within existing institutions.
The issue of delivering access to justice also requires co-ordinated reforms in terms of capacity building and collaboration between key institutions and stakeholders. These would require institutional collaborations and coordination; inter-agency training, multi-door courthouses through deployment of alternative dispute resolution centers to streamline processes and improve access to justice.
There is also the need to strengthened legal and policy frameworks and design practical policies and guidelines to improve efficiency and standardize procedure within the justice sector. Increased accountability is also required in the implementation of mechanisms to enhance oversight and ensure that institutions and their officials are more accountable and transparent. We can also over-emphasise capacity building and technical support in terms of skills development, operational support and support for vulnerable groups to increase access to justice for women, children and persons with disabilities through tailored programmes and infrastructure.
Our contributions to the subject ought to focus on legal awareness (how people can be sensitised to know their rights and where to seek help when facing legal problems); how legal assistance can effectively be provided by counsel especially for marginalised groups; how our justice system can deliver fair processes and achieve fair outcomes for all in terms of procedural and substantive justice standards; how our justice system can deliver accessibility in terms of being affordable, understandable and not hampered by excessive costs or complex procedures; how our justice delivery system can deliver effective remedies to litigants in a timely and appropriate manner where there are grievances.
Access to justice can only be effectively delivered if we address barriers to justice including financial constraints, lack of information, weak judicial systems and societal problems such as discrimination or cultural barriers that could prevent vulnerable and marginalised communities from having access to justice.
In terms of human rights enforcement, we need to strengthen accountability for violations, promote human rights education, improve access to justice and vital services like healthcare, clean water as well as enhance policies that protect rights and raise awareness. We could also support human rights movements and reputable organisations and enhance accountability mechanisms that would hold government and businesses accountable.
At the level of individual actions, we should encourage individuals to learn about human right issues and share perspective with others; second, we should raise awareness by raising our voices against injustices as well as uphold human rights causes including enlisting in human rights movements. We should also support and donate to organizations with reputable human rights credentials.
It is also necessary to vote and participate in every election to hold elected officials accountable for upholding human rights. There is also need to support ethical businesses and distance ourselves from companies that violate human rights.
At the organisational and government levels, we need to implement mechanisms to hold perpetrators of human rights abuses accountable and ensure that justice is delivered to victims.
Generally, we need to improve access to justice, promote human rights education, provide essential services and access to fundamental rights through access to clean water, food, healthcare and education. There’s also need to develop independent oversight such as ombudsman to monitor and ensure adherence; we will also require the establishment of ethical norms and codes of conduct for public servants and businesses to prevent violations.
In terms of global and systemic changes, we need to design economic policies and business models that place people and the planet at the centre thereby enhancing human rights for all. We also need to address new challenges arising from emerging human rights issues such as those related to technology, environmental degradation and climate change.
Fostering international and global cooperation in a manner that encourage synergy and collaboration in global efforts to combat racism, discrimination and other human rights violations are also critical factors.
2.0 Rural outreach
Strengthening justice sector delivery in rural areas involves a multifaceted approach, including the use of community paralegals for legal awareness and advice, integrating technology and mobile services for greater reach, fostering collaboration between formal and informal justice systems, addressing systemic barriers like distance and legal knowledge gaps through improved infrastructure and targeted legal aid, and enhancing accountability mechanisms to ensure equitable treatment for rural populations, particularly vulnerable groups such as women and children.
We can consider strategies for strengthening rural justice delivery to include the following: Empowering community based mechanisms through training and support of community paralegals to provide basic legal advice, legal awareness, and information on rights within their communities, acting as a crucial link between citizens and the formal justice system. We also need to promote and facilitate alternative and community based ADR mechanisms to resolve disputes at the local level, foster harmony and reduce reliance on the formal court system.
Improving access and information are critical factors. This involves utilising mobile technologies and digital platforms to disseminate legal information and provide remote legal assistance to rural residents, bridging geographical barriers. This will ensure technology and mobile outreach.
In addition to the foregoing, we should sustain legal awareness campaigns and outreach programmes to educate citizens about their rights, responsibilities, and the available legal pathways, combating fear and lack of knowledge about the justice system.
At the university level, we can establish Legal Clinics to foster collaborations between universities and local communities to establish and support legal clinics that offer free legal advice and services to rural populations.
We can also address infrastructure and resource gaps through enhanced legal aid which will provide and subsidize legal aid services to ensure that marginalized groups, including rural women and children, can access legal representation and present their cases effectively.
There is also need for improved logistics to ensure supply of adequate transportation and resources for justice sector officials to reach remote areas and ensure timely trial processes, addressing logistical challenges faced by legal officers.
There is also need for enhanced collaboration and coordination through Inter-Institutional Cooperation that will promote cooperation and coordination among formal state justice institutions and informal justice mechanisms (e.g., customary, religious, and communal systems) to create a more comprehensive and accessible justice system.
We also need enhanced data-driven approaches to collect and analyze specific data on the needs of rural communities and the effectiveness of interventions to identify gaps and inform policy adjustments for better service delivery.
We need to foster accountability and promote human rights standards in ensuring that all justice sector interventions and systems are in strict compliance with international human rights standards and also promote integrity, impartiality and respect for the rule of law.
We also need to strengthen citizen monitoring mechanisms to empower citizens to monitor the performance of justice sector providers in a manner that will promote accountability and transparency and deliver on good governance.