BALANCING SPEED AND SAFEGUARDS: RETHINKING ELECTRONIC SERVICE AND THE RIGHT TO BE HEARD IN NIGERIA

Abstract

This article explored the issues facing the service of court processes in Nigeria and suggested practical reforms that balance speed with safeguards to ensure justice and the right to a fair hearing. Despite recent improvements in electronic services, the justice system still relies too heavily on traditional manual methods, which are slow, unreliable and open to abuse. Proper service is fundamental, as defective service robs the court of its jurisdiction to hear and determine a matter. Using the doctrinal research methodology and relying on statutes, rules of court, practice directions, case law and scholarly works, the article rethinks e-service and the right to a fair hearing, proposing reforms to balance speed and safeguards. Using global best practices, the article argued that electronic service is both necessary and workable and can be implemented without sacrificing safeguards for speed and convenience. The article emphasized that while some Nigerian court rules already permit email service, their implementation and enforcement are ineffective. The article then set out six key reforms, which include amending the court rules across the Federation to allow electronic service; building the digital tools needed to support it, requiring all parties to provide email or other electronic contact details; training court staff and judges; protecting people who have little or no access to digital tech and ensuring strong national leadership and institutional collaboration to drive the reform. It concluded that with the right rules, digital communication tools, training and compliance, electronic services can help courts work faster while still respecting the constitutional right to be heard.