An Appraisal of the Virtual Court System as a Means of Alternative Dispute Resolution in Nigeria

ABSTRACTVirtual court system is in its developing phase in Nigeria and whilst the virtual court system is a laudable initiative, it must align with the tenets and principles of law that holds firm at traditional physical court hearings; the important goal being to achieve justice at all time. In that wise, virtual court system should not be a weapon that sacrifices justice for speed but that which achieves justice speedily. This study focuses on the adoption of virtual court system in Nigeria, and how to align virtual court rules with the existing traditional court room practices. The research conducts a risk benefit analysis of the innovation and identifies areas of challenges and prospects. A number of challenges were found to be associated with virtual hearing particularly the admissibility of public documents and the existence of a digital divide. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This study analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. This study observed the need for training of judicial officers, infrastructural support, and also made recommendations that will impact positively on the administration of justice, with the adoption of virtual court system.