Judiciary’s ability to adapt to technological changes crucial to digital transformation

Omeiza Bilal

The Nigeria Communications Commission has stressed that the judiciary’s ability to adapt and evolve alongside technological advancements is crucial to ensuring the benefits of digital transformation are accessible to all, while mitigating potential risks.

In his welcome address, at the opening ceremony of the 2024 National Workshop For Justices And Judges On Legal Issues In Telecommunications Tuesday in Lagos, Executive Vice Chairman/CEO of NCC, Dr Aminu Maidanoted that as Nigeria’sdigital landscape continues to evolve at an unprecedented pace, the judiciary stands as a vital pillar in shaping a present and a future where technology serves humanity.

According to the EVC, the judiciary is not simply a bystander observing the digital revolution; instead, it is an active participant, playing a continuous role in shaping the legal frameworks that govern this new technological era.

He said, “As the digital age advances, judicial officers must constantly adapt to ensure that the rule of law is as effective and enforceable in the online realm as it is in the world of brick and mortar. One key challenge lies in adapting existing legal principles to the complexities of emerging and evolving technologies.”

Maida noted that with the Presidential Order designating all telecommunications infrastructure as critical national information infrastructure, the judiciary will be key to its success or failure.

“We anticipate that the courts may occasionally receive requests for orders to grant exceptions to the protections afforded to these Critical National Information Infrastructures. During this workshop, we aim to provide insights that will support judicial discretion in evaluating such requests.

“The Office of the National Security Adviser, which plays a central role in coordinating the operationalization of the Presidential Order, has already begun stakeholder consultations and meetings to facilitate immediate implementation. It is likely that, in the near future, vandals, thieves, and others who breach this Order’s provisions will be brought before your courts.

“We trust that with a deeper understanding of the harm and disruption caused by such actions, the judiciary will impose appropriate sanctions to serve as strong deterrents against criminal activity,” he added.

Nigerians are eager to see a new chapter of digital justice, where the roles played by the judiciary are effectively translated and adapted into protecting fundamental rights; enforcing digital contracts and resolving disputes; developing digital jurisprudence; and promoting innovation.

“The responsibility of the judiciary to foster innovation by providing a stable legal framework that encourages investment and development in emerging technologies,” the EVC said.

Chief Justice of Nigeria and Chairman, Board of Governors, National Judicial Institute Hon. Justice K.M.O. Kekere-Ekun, in her keynote address assured that the judiciary will be transparent and efficient in dispensing cases that relate to the telecoms sector.

Kekere-Ekun said that ensuring coherence in the interpretation of relevant laws will help boost investors and stakeholders confidence in the sector.

The event was organized by the Nigerian Communications Commission (Ncc) in collaboration with the National Judicial Institute (NJI).

Speaking on the team of the workshop titled The Role Of The Judiciary In Accelerating Digital Transformation In Nigeria, the CJN said, “The first is the increased risk of the personal data of consumers being misused or compromised by unscrupulous persons, thus necessitating the need for improved strategies and innovation for consumer protection in the Telecommunications Sector.

“Also, worth noting are deficiencies in the Banking Sector and which are attributable to reliance on digital services provided by the Telecommunications Sector.

“There is for instance the major challenge posed by electronically backed transactions which is commonplace in the Banking Sector. Concerns in this regard include the spate of customers whose online banking platforms have been hacked, as well as banks being compromised due to technological glitches not factored into their day to day operations. Consequently, these and several other challenges have resulted in a number of disputes which frequently require adjudication,” she said.

While commending the NCC for its assiduous efforts at protecting consumers from unfair practices by service providers, Kekere-Ekun, said equipping judicial officers with “technical skills required for adjudicating disputes arising from the Sector and keeping them abreast with global standards and best practices.”