THE EXIGENCY OF DIGITAL RECORDING IN COURTS
Author: O. M. Atoyebi S.A.N FCIArb. (U.K.)., Contributor: NSEGHEOBONG AKPAN
A constant phenomenon as far as human existence goes, and one of the greatest attributes we possess is the quality of being adaptable. As the times change, so too must we. At its core, the legal profession holds this quality. Just as our laws necessarily adapt to the needs of an ever-changing society, at a micro level, we as legal professionals must adapt alongside society. And at the macro level, our judicial system cannot be left behind.
Justice Ishaq Bello, FCT Chief Judge on the launch of digital speech recording machine and video transcription system in FCT Abuja Court said;
It is glaring that technology is now and the future. Anyone who disregards technology will be left behind to his own peril. It is on this note that the Court which is the epicentre of legal conversation is equally striving to meet the demands of time. This is by leveraging on available technology to make work easier and justice more accessible in a healthy and friendly atmosphere.
Across the world, the optimization of technology in various fields and workspaces keep yielding positive results. Time is saved, work is made easier and most of all, carried out efficiently. This article is an advocacy for a deviation from the traditional longhand method of taking records in Court and the necessary incorporation of technology in taking record of proceedings.
Court Recording in the Nigerian Judicial System
An essential component of our judicial system is the Court. The Nigerian judicial system consists of ‘Court of Records’ (inferior and superior). A Court of record is a Court that is required by law to keep a record of its proceedings. Its judicial proceedings and decisions are enrolled or recorded, for a perpetual memory and testimony.[1] [1] It is the longstanding practice of Judges to take records of proceeding in person. The reason for this is not farfetched. As it is said in common parlance, “if you want something done right, do it yourself.” Taking the record of proceedings in person gives the Judge the most reliable version of all that happened during a case. However, this is usually done in longhand. That is, while a case is being conducted, the Judge writes out (takes note of) what transpires before him.
Arguably, the biggest criticism of this method of taking records has always been that it slows down the pace of proceedings; ultimately leading to delays in administration and dispensation of justice. In recent times, lawyers and even judges have been a lot more vocal about feelings towards the system of recording. Dr. Livy Uzoukwu, SAN expressing his regret that judicial officers, in this day and age, still use longhand described the system of recording as “antiquated” and “primitive.”[2] [2] Human Rights activist, Malcolm Onirhobo described it as “obsolete and time-consuming” [3] [3] Justice Ishaq Bello speaking on the system of taking records noted that “it makes proceedings slow and sloppy not to talk about the health challenges it poses [on judges] over time.”[4] [4] Regardless of criticisms and clamour for change, longhand recording of proceedings by judges remains the conventional way to take record of proceedings in Nigeria.
Court Recording in Other Jurisdictions
In other jurisdictions, to speed up Court proceedings, technological devices are used to take records of proceedings. In the United States of America for instance, the record of proceeding is generally prepared by a Court reporter under the judge’s guidance.[5] [1] The Court reporter documents live testimony during Court proceedings such as hearings, trials, sworn statements, and depositions using tools such as stenography and voice writing to transcribe. The use of a stenotype machine allows them to type in syllables rather than in letters, thus, making the process much faster than it would be using a normal keyboard. Voice writing on the other hand involves the use of voice recorder to record proceedings and later print a written transcript.
In England, the system of taking the record of proceedings is largely the same. In the Crown Court for instance, all proceedings are accurately recorded by a digital recording system operated by the Court clerk, or by a shorthand writer, or stenographer who sits beside the Court clerk and records everything said in Court.[6] [2] These are what form the record of proceedings which may be used if the case goes to appeal.
In South Africa, a digitalized system of taking Court records has also been imbibed. A Court stenographer is an officer of the Court. The Court stenographer, amongst other things, performs the digital recording of proceeding and ensures the integrity of such records. He also has the duty to transcribe thorough Court proceedings for purpose of making Court records.7] [3]
The use of technological devices in other jurisdiction is in light of the overwhelming benefits that comes with it. The use of this alternative method of recording proceedings means that judges who already have a cumbersome workload have a part of it reduced by a great measure. Where technological devices are used to take record of proceedings, the judge can completely devote himself to listening and reflecting on the proceeding, and the demeanour of witnesses before the Court. This implies that proceedings can be conducted at a quicker pace, as lawyers no longer need to deliberately slow down the pace at which they address the Court, in order to grant the judge the opportunity to write down what goes on before him. All of this ultimately results in a quicker dispensation of justice.
The Need for the Incorporation of Digital Recordings in Court
The obvious question thus is, “Given the glaring benefits, is the Nigerian judicial system not desirous of incorporating the use of technological devices to take record of proceedings?” The answer is in the negative. No, they are desirous of using the technology. In fact, in Lagos and Abuja for instance, the judiciary have brought in the use of technology to aid in the recording of proceedings. In 2020, the FCT Abuja Courts launched a digital speech recording machine and video transcription system which will accurately record and convert speech made in the Courtroom to text as well as generate a text document.[8] [1] In Lagos, verbatim recorders/reporters are in place in some Court rooms who are supposed to accurately capture Court proceedings using a stenotype machine.[9] [2] However, there has not been great success with the usage of these alternative means of taking Court records.
In some Courtrooms in Lagos for instance, despite having a verbatim recorder present, judges still prefer to write in longhand. This is because the transcript the verbatim reporter produces has been shown to be unreliable. The judge then adopts his own writing rather than the recorder’s transcript because of the inaccuracies.
This, therefore, raises the question “is the technology not good enough for us?” Of course, the answer to this is also in the negative. If the technology itself was so porous, it would have been dispensed with in other jurisdictions worldwide. Why then are we unsuccessful in incorporating the use of technological devices? Clearly, the problem does not lie with the technology but with its usage.
In 2020, Barr. Emeka Albert, a consultant for United Nations (UN) Justice Sector Reform addressing the Supreme Court’s unsuccessful incorporation of verbatim recorders summed it up thus:
The Supreme Court launched its verbatim recording without studying the terrain… it takes two years to train a verbatim reporter to be equipped to sit in Court. If you fast-track the training, you can do it in one and a half years. All over the world, it is the same.[10] [3]
Ill-trained personnel are a major hindrance to a smooth transition from longhand writing to the use of alternative methods in our judicial system. The job of a verbatim reporter in a Courtroom requires high-level skill and efficiency and this can only be garnered through adequate training. If we must get it right, properly trained hands must be employed and appropriate tools provided to enable them do the job to perfection.
CONCLUSION
The importance of our Courts leveraging on available technology can certainly not be exaggerated. In various sectors across the country, the use of information technology has been embraced to good effect and the Nigerian judiciary should not dally. A complete adoption and integration of digital recording in all Courts across Nigeria will only serve our justice system better. An increase in the pace of proceeding results in a quicker dispensation of justice which is after all, what we sincerely long for.
[1] ‘Court of Record’ definition, Black’s Law Dictionary (9th ed. 2009), available at WestLaw.
[2] Available at <https://www.vanguardngr.com/2018/07/recording-Court-proceedings-long-hand-shameful-antiquated-san/amp/>
[3] Available at < https://newsdiaryonline.com/nigerian-Courts-must-advance-beyond-writing-proceedings-in-longhand-lawyers/>
[4] Available at <https://lawcarenigeria.com/fct-abuja-Courts-go-partially-digital/>
[5] Available at <https://www.law.cornell.edu/wex/Court_reporter>
[6] Available at <https://www.nidirect.gov.uk/articles/what-happens-jury-trial>
[7] Available at < https://www.justice.gov.za/brochure/careers-in-justice.html> Accessed on 30/12/2022
[8] Available at <https://lawcarenigeria.com/fct-abuja-Courts-go-partially-digital/>
[9] Available at <https://www.pressreader.com/nigeria/daily-trust/20200526/281809991102481>
[10] ibid.