(VOICE OF NAIJA)- Global Chairman of the Forum Against Counterfeiting (FAC), Dr. Anthony Idigbe (SAN), has proposed leveraging technology to address the issue of conflicting judgments.
According to him, the problem often stems from the inability to instantly recall similar verdicts from previous cases.
Dr. Idigbe emphasized that not all conflicting judgments are deliberate, highlighting the potential for technology to enhance the judicial process.
The SAN spoke on the sidelines of a retreat on “Judicial independence and judge craft” organised by the National Judicial Institute (NJI) in collaboration with FAC for appellate court justices.
There was a lively debate and discussion among judges on how to improve the justice delivery system, including internal and external independence of the judiciary.
There was also a session on health and wellbeing.
Chief Justice of Nigeria (CJN) Kudirat Kekere-Ekun gave the keynote address.
She stressed the importance of judicial independence and the need for judges to improve on their craft – skills and ethics in dealing with cases.
Idigbe believes the problems of delays and congestion can be addressed by leveraging technology and artificial intelligence (AI).
He expects the Supreme Court to resolve them, noting that some of the contradictory verdicts happen over time as hundreds of judgments are delivered dealing with similar subjects.
Idigbe said: “You’re talking about thousands of judgments over a period, which results in loss of history. That is where technology comes in.
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“However, if all these data is stationed within the AI environment, it is possible to manage that issue and ensure we return to the original concept of stare decisis by which precedent is followed.
“The National Judicial Council (NJC) is doing a lot to address it with AI.
“If everything goes as planned, many of those issues will be eliminated, and where they occur, people can be held accountable for not using the tools.”
Idigbe, Senior Partner at Punuka Attorneys and Solicitors, believes it will take political will for the judiciary to be truly independent.
He said: “For the judiciary to be truly independent, you need political will on all sides – executive, legislature and the judiciary.
“There can be very quick transformation with the right investments in the people, processes and technology, and the judiciary will deliver for Nigerians.
“You can have a CJN that has all the good ideas and the passion to deliver, but what happens if there is resistance by the other arms of government?
“You can have a President who wants to make changes but could face resistance or inhibitions from the other arms. The same with the legislature.
“So, the easiest way is for the three arms to agree on the Nigerian agenda, and all obstacles can be overcome.”
A retired Justice of the Supreme Court of Ghana, Victor Jones Mawulorm Dotse, called for the establishment of the West African Court of Appeal with powers to make final decisions on cases from commonwealth countries.
He said: “Before independence, the four West African Commonwealth countries – Nigeria, Ghana, Sierra Leone and Gambia – had the West African Court of Appeal headquartered in Nigeria as their final court of appeal.
“We had judges from the four countries coming to sit on cases. We may have to consider reviving something like that.
“The countries will send judges, and the court will have common headquarters to deal especially with constitutional cases.
“Judges from different countries will decide cases from others. And they will be under less pressure.
“We have the European Court of Justice where all the European countries go to, so we can have something like that.”
On financial autonomy, Dotse decried delays in funds allocation to the judiciary by the executive, which he said would rather prefer to put funds in areas that will attract votes.
He also said there should be automatic percentage increases in judicial allocations to avoid heads of courts going back and forth to make cases for increased allocations.
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“This should be automatic so that judiciary heads don’t have to be going to the executive or Minister of Finance to beg for money,” he said.
On the essence of the retreat, Dotse added: “Judge craft is the act of the judges taking decisions in court. We’re trying to remind ourselves about our core values.
“It is the judiciary’s duty to interpret the Constitution, decide cases and maintain law and order.
“From time to time judges need to meet to discuss new ways of judging and how to use technology and AI to improve efficiency.
“Judicial independence starts with the appointment process, determining their qualifications. There has to be democratisation of the power of appointment.
“There must also be that understanding that the executive can come to court and lose cases.”
The three-day retreat, which was held in Uyo, the Akwa Ibom State capital, featured presentations by Chief Justice Kekere-Ekun; Court of Appeal President, Justice Monica Dongban-Mensem; NJI Administrator, Justice Salisu Abdullahi; Justice Inyang Okoro of the Supreme Court and Chief Judge of Borno State, Justice Kashim Zannah.
Others were Justice Nelson Ogbuanya of the National Industrial Court, Chief Executive Officer of Nigeria Intelligence Unit, Hajiya Hafsat Bakari, and FAC National Coordinator for Nigeria, Mrs Ebelechukwu Enedah.
