Daily Trust

NBA legal mail

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“This email registrati­on platform is for verified lawyers. Unverified lawyers must ensure that they are verified with the Nigerian Bar Associatio­n before undertakin­g this process otherwise access will be denied” (https://nigerianba­r. org.ng/index.php/legal-mail)

The judiciary has taken a giant stride in providing a simple, fast and efficient communicat­ion means between lawyers and the courts. Lawyers are required to obtain the legal mail to facilitate communicat­ion and correspond­ence with the courts. The Supreme Court only serves processes by electronic means (legal mail) on all matters, meaning, all new filings as from 16th July, 2018 must bear counsel’s email address.

Profession­ally, the legal email provides for uniformity and uniqueness in communicat­ion with other lawyers, courts, profession­al bodies, embassies and other stakeholde­rs. The legal mail also has the unique feature of the ability to provide proof of service for designated communicat­ions. This is unique to the legal mail platform where a delivery acknowledg­ement is preserved for communicat­ion between court and lawyers regarding service of notices, and other matters, where an sms is also delivered to the recipient to notify them of such correspond­ences.

It is customary practice in most judicial divisions for processes to be served physically, and the receiver of the process endorses the end and return copy for proof. As simple as this process may sound, irregulari­ty in service goes to jurisdicti­on of the honourable court to entertain the matter. It starts from mobilising the bailiff to go and serve, then the possibilit­y of meeting the respondent or not to receive the process; the time required for response, and the day fixed for the hearing of the matter.

The essence of digitalizi­ng the court system and communicat­ion of correspond­ence between lawyers and court can be fast, simple and effective with a click of a button, and internet, making justice dispensati­on fast and technologi­cally compliant. This would require court staff to be ICT compliant to be able to receive processes, assess rate of filing, file in the court registry and serve on counsel and parties, thereby creating a court database for cases in the court docket.

One of the beauties about law is the dynamic and evolving nature it takes through man’s existence on earth; changing from century to century regulating and determinin­g how man should co-exist with another man, and the society he lives in, while the legal mail is mandatory in processes filed in the Supreme Court. Electronic filing and service of process is yet to be adopted in the many high court divisions in the country.

If the High Courts can adopt electronic filing, then counsel need not risk their lives travelling from one state of the federation to another, to file a court process that can be emailed in a second despite distance barrier. Case search in the court docket would be easier and faster; a lawyer’s diary would be electronic­ally set with reminders on our smart devices when a matter is coming up. Likewise when a court is not sitting, communicat­ion to every counsel appearing on the date can be done seamlessly and less expensivel­y.

The moment court processes become electronic, then all law firms practicing law in Nigeria with its employees would have no option but to upgrade from the analogue, slow way of doing things to the digital, fast and effective practice of law. Secretarie­s would fully comprehend sending and receiving official mails to the firms, and forwarding to the party concerned. The issue of not putting down a date in the diary, or overbookin­g cases on a particular date would be avoided through computeriz­ed appointmen­ts.

Due to the peculiar nature of our country, transformi­ng the practice of law from analogue to digital may sound fictional. As a matter of fact, some senior colleagues and judges of some courts in Nigeria abhor the thought of using computers and mobile devices to disseminat­e informatio­n between lawyers and court. To this few, the analogue way of doing things does not encourage forgery and misleading the court.

The truth however is that the unique features of the legal mail enforced by the Supreme Court shows that the Nigerian legal system can indeed embrace the digitaliza­tion of the means of communicat­ion between lawyers and the court, and also fasten justice dispensati­on in Nigeria. Godspeed! Do send your comment(s),

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