The ongoing implementation of the Cybercrime Act 2024 may face hurdles if the judges are not adequately trained.
According to some judicial workers, training is necessary due to technological advancements and the delicate provisions of the Act.
Even though the National Judicial Council (NJC) and some lawyers have disagreed over how and why judges should be trained, it was gathered that the law provides a practical and unified legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment with the training of judges now becoming inevitable.
While some lawyers say that technology and cybercrime are areas Nigerian judges must focus on when it comes to training in 2025, the NJC says there is always a budget for their training.
Notable lawyers in the country have insisted that judges need training and retraining to improve the country’s justice delivery system.
In an exclusive chat with LEADERSHIP, they called on the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, the country’s number one judicial officer, to ensure that judges are trained to meet the challenges of today’s dynamic judicial system.
At a conference in Kaduna about two weeks ago, with the theme ‘Succession and Estate Administration in a Dual Legal System: Balancing Islamic Personal Law and Statutory Provision in Nigeria, organised by the Centre for Islamic Legal Studies (CILS), Ahmadu Bello University in collaboration with the National Judicial Institute, NJI, the CJN said the theme of the conference reflected the unique challenges and opportunities presented by Nigeria’s plural legal system, particularly in the critical areas of succession and estate administration.
A top official of the National Judicial Council who does not want his name in print told our correspondent that huge sums are budgeted annually for judges’ training at all levels.
He said the annual judges’ conference, organised by the National Judicial Institute (NJI), is one avenue for judges to be trained and retrained.
He said, “Apart from the constant training of judges at the National Judicial Institute, NJI, government agencies and corporate bodies also organise training for our judges in specialised areas of law, so our judges are well equipped to meet today’s challenges in areas of law.”
Senior Advocates of Nigeria and very senior lawyers in the country, however, called for more training and re-training.
They said training cannot be too much for judges in the country, adding that more training would further broaden their knowledge of the law.
Abdul Balogun, SAN, said: “Nigerian judges needed training on areas that are becoming challenging owing to a lack of technological knowledge, technical talents, and capacity.
“More training for judges would provide a valuable platform for judicial officers, scholars and legal practitioners to exchange ideas, deepen their understanding of the law, and explore ways to harmonise statutory provisions in Nigeria.
“Judges need more training in cybercrime-related cases. There should be capacity-building workshops for judges on blockchain technology and online dispute resolution, as these affect e-commerce. Such cases are becoming a challenge to the judiciary due to inadequate awareness of technology, technical abilities and capacity.”
On his part, constitutional lawyer Bello J. Akinwale called on the Judiciary to be open to initiatives aimed at improving and strengthening the capacity of judicial officers to handle cases related to the country’s emerging crime trends.
He mentioned cybercrime, cross-jurisdictional infringement of intellectual property rights, and cases related to cyber security and espionage as such crimes.
He called for workshops for judicial officers on copyright law in the new digital environment and enforcement of foreign arbitral awards relating to intellectual property disputes.
“There should be constant capacity building for judicial officers in the country; and not only that, but it should also be the body’s priority to train judges. Also, the development of the capacity of our research assistants and other staff of the National Judicial Institute, who are fully involved in these training programmes, is significant.
“The NJI should never relent in its efforts to serve as the principal focal point of judicial activities on issues relating to the promotion of efficiency, uniformity and improvement in the quality of judicial services in our courts’’.
An Abuja-based lawyer, Barrister Paul Aaron, called on the judiciary’s leadership to seek foreign help in training judges, especially in cybercrime.
According to him, there are new crimes not covered by the country’s laws; therefore, judges should be trained in such areas.
“Nigerian judiciary should seek to increase its capacity-building engagement on cyber security issues. Some foreign countries are interested in collaborating with the Judiciary and the courts through its International Narcotics and Law Enforcement Affairs Office (INL) and Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT),” he said.