•Say fair adjudication of telecom disputes key to economic growth, sustainability
•N127bn lost annually on infractions of law, rules and cybercrime
•As Danbatta admits regulators still grapple with whether or not to regulate OTT

By Prince Osuagwu (Hi-Tech Editor) & Anozie Egole

TechnologICAL development is generally regarded as a catalyst for national development. This is most probably for its ability to offer among other things, the necessary support  for change. In all the major sectors of the economy, most especially in agricultural, industrial and financial sectors, technology has been the pivot to growth and sustainability.

Social and  healthcare sectors are also other sectors where technology has helped to gain traction in activities and growth.

These sectors have seen transformations which now position them neck and neck with counterparts in the developed world.

Apparently desiring the gains these sectors enjoy, the judicial arm of the Nigerian government is hoping to transform its processes using available technology tools. It believed this to be pertinent considering its position as the last hope of the common man.

In fact, at a “2016 National workshop for judges on legal issues in telecommunications” organised by the Nigerian Communications Commission, NCC, in Lagos, Monday.

The Chief Justice of Nigeria, Justice Mahmud Mohammed, declared that the judiciary being the arbiter  of disputes, cannot be left out in the transformations of the internet age. He therefore advocated for a modern judiciary which will reflect some technological innovations.

Lawyers

Technological innovations

Mahmud, who was represented by the Justice, Supreme Court and Chairman Education Committee of Nigeria Judicial Institute, NJI, Justice Walter Samuel Nkanu Onoughen, said that “The Judiciary as an arbiter of dispute cannot fall behind the times. We are currently undergoing various technological reformations and an ethical resurgence that is re-positioning the third arm of government for a better justice delivery. In keeping with the best practices and the demands of technological age, your Lordship   must possess a sound knowledge of the law and procedures while they become proficient in the use of information technology so as to expedite justice delivery to our fellow citizens.

“I counsel you that the modern judiciary that we are creating through the introduction of the renowned Nigerian Case Management System, (NCMS), makes knowledge of Information Communication Technology, (ICT) a pre-requisite to progress on the Bench, and we are determined to make the phased transition from a paper-based system to an automated one. I urge your lordships to do the same,”   he added.

Unassailable judgments

The Chief Justice further expatiated: “This workshop is also designed to enhance the ability of our judges to properly appreciate the knotty technical nature of cases that they adjudicate over. Accordingly, I wish to remind us that unassailable judgments and a robust and rich jurisprudence in this specialised area of law, require that we pay close attention to the legal issues and stay current with comparative adjudication in sister jurisdictions.”

Mahmud also charged his colleagues to realise that there was need for speedy and fair adjudication of telecommunications disputes as a key for orderly growth and sustainability in the sector.

Corroborating the Chief Justice, the administrator of the National Judicial Institute, NJI, Justice Rosaline Bozimo reminded the judges that “your courts are often approached for determination of legal issues and remedies, arising from the operations of the telecom service providers. Customer grievances, financial service operations, kidnapping and terrorism related matters. The electronically generated evidence and data that are presented before your lordships for determination, require clear understanding of the operation of the sector, hence the need for this forum of continuing judicial education.”

Bozimo noted that the much celebrated growth of the Nigerian telecom industry with recorded active mobile lines above 150 million, fast expanding internet services and multiple telecom operators, also have corresponding challenges that should be critically tackled.

These challenges, she listed to include loss of expected revenue estimated at about N127 billion annually as a result of infractions of the laws, rules and cybercrime; allegations of fraudulent deductions from customers account and unsolicited text messages among others.

Meanwhile, the Executive Vice Chairman of the NCC, Prof. Umar Danbatta, explaining the importance of the forum, said that it was conceptualised to bridge knowledge gaps in topical and emerging areas of telecommunication with a view to keeping the judiciary abreast of key relevant issues in the industry.

He added that such vital knowledge of the telecommunications industry will ensure that the judiciary is able to competently navigate relevant legal issues presented for adjudication.

Danbatta reminded the jurists that “the proliferation of e-payment systems following the federal government’s adoption of the cashless policy has led to a massive increase in mobile and online transactions in the last few years, with a resultant increase in financially related cybercrime. Cybercriminals continue to develop new strategies to circumvent cybersecurity models regardless of their sophistication.”

Danbatta, confessed to the jurists that “the emergence of the Over The Top Services, OTTs, a non traditional means of communication has left telecom regulators all over the world grappling with the issue of whether to regulate or not while balancing the expectations of relevant stakeholders”

He implored participants to the workshop, especially the Judges, to look into the Commission’s 2016 study guidelines on the issue with the aim of providing a balanced legal direction to a permanent solution.

Judges workshop is an annual event organised by the NCC, in collaboration with the NJC. It has been consistently organised for the past 12 years.