The Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, has declared that while artificial intelligence and other emerging technologies are reshaping the administration of justice, they can never replace the constitutional duty of judges to determine legal rights and obligations.

Speaking on Monday at the Nigerian Bar Association, Lagos Branch 2026 Law Week themed “Beyond Disruption: Redefining Legal Practice at the Intersection of Law, Technology and Justice,” the Chief Justice said every major technological advancement ultimately ends up before the courts, where it must be tested not only for innovation but also for its compliance with constitutional principles, fairness and the rule of law.

According to her, the rapid rise of artificial intelligence, blockchain technology, digital assets, cybercrime, electronic evidence and synthetic media has fundamentally transformed legal practice and judicial adjudication, requiring judges to acquire sufficient technological literacy to effectively evaluate digital evidence and emerging technologies.

“Every significant technological development eventually arrives in a courtroom where it must be examined not simply through the lens of innovation, but through the enduring requirements of legality, fairness and constitutionalism,” she said.

Justice Kekere-Ekun, however, stressed that no matter how sophisticated technology becomes, judicial reasoning cannot be delegated to machines.

“Technology is an instrument of justice. It can never become its substitute,” she said.

According to the Chief Justice, judicial decision-making goes beyond the mechanical application of legal rules, involving constitutional interpretation, the assessment of witness credibility, the balancing of competing rights and the exercise of judicial conscience.

“Those responsibilities cannot be delegated to algorithms,” she added.

The CJN also warned that the increasing use of opaque artificial intelligence systems—commonly described as “black boxes”—raises constitutional concerns because litigants have a right to understand and challenge the reasoning underlying judicial decisions.

She noted that Section 36 of the Constitution guarantees every litigant the right to a fair hearing, including the opportunity to scrutinise the evidence and reasoning upon which courts base their judgments.

“That constitutional guarantee is difficult to reconcile with opaque artificial intelligence systems whose reasoning cannot readily be explained,” she observed.

Kekere-Ekun further cautioned that the growing sophistication of AI-generated or synthetic evidence would present courts with difficult questions regarding authenticity, reliability and accountability.

While maintaining that AI can improve administrative efficiency and assist in organising information, she insisted that responsibility for determining legal rights must remain with judges who are constitutionally accountable for their decisions.

On judicial reforms, the Chief Justice said technology presents one of the greatest opportunities to expand access to justice by reducing delays, cutting costs and overcoming geographical barriers that prevent many Nigerians from accessing the courts.

She said Nigeria’s judiciary has already made significant progress through electronic filing, virtual court proceedings and digital case management systems, supported by legislation recognising electronic evidence and addressing cybercrime.

National Case Management System

Justice Kekere-Ekun disclosed that the Supreme Court is finalising arrangements for the implementation of the National Case Management System (NCMS), describing it as one of the most significant institutional reforms ever undertaken by the apex court.

According to her, the integrated digital platform will enable appeals to be tracked from filing to final determination while strengthening registry administration, improving scheduling, enhancing data integrity and promoting greater transparency in judicial administration.

She also announced that the Supreme Court will soon issue its Mandatory Upload of Electronic Copies of Processes, Record of Appeal and Other Matters Practice Directions 2026, requiring litigants to submit electronic copies of court processes alongside physical filings.

The measure, she said, will create a secure digital repository of court records, reduce delays associated with physical documentation, improve access to case materials by justices and facilitate the timely determination of appeals.

Describing the reforms as more than technological upgrades, the CJN said they are aimed at strengthening the administration of justice, improving litigants’ experience, enhancing lawyers’ productivity and deepening public confidence in the judiciary.

She, however, cautioned that digital transformation must not create new barriers for citizens with limited access to technology or inadequate digital literacy.

“As we modernise, we must ensure that technology expands rather than restricts access to justice. Digital transformation must never create new forms of exclusion,” she said.

Expressing optimism about the future, Justice Kekere-Ekun said Nigeria possesses Africa’s largest legal profession, one of the continent’s busiest judicial systems and a rapidly growing technology ecosystem.

“Our objective is not to imitate other jurisdictions, but to develop solutions that reflect our own constitutional values and institutional realities. Technology must serve Nigeria’s justice system, not the other way around,” she said.

She concluded that Nigeria has a unique opportunity to build Africa’s leading digital justice system by harnessing the strengths of its judiciary, legal profession and technology sector while remaining firmly anchored in constitutional values. (Channels TV)

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