Newday Reporters

AI Cannot Replace Judges, Says CJN Kekere-Ekun as Supreme Court Unveils Digital Justice Reforms

ABUJA — The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has declared that while artificial intelligence (AI) and other emerging technologies are transforming the administration of justice, they can never replace the constitutional responsibility of judges to determine legal rights and obligations.
Speaking on Monday at the Nigerian Bar Association (NBA), Lagos Branch 2026 Law Week, themed “Beyond Disruption: Redefining Legal Practice at the Intersection of Law, Technology and Justice,” the CJN said every major technological innovation would eventually come before the courts, where it must be examined not only for its innovation but also for its compliance with the Constitution, fairness and the rule of law.
Justice Kekere-Ekun noted that the rapid development of artificial intelligence, blockchain technology, digital assets, cybercrime, electronic evidence and synthetic media has significantly changed legal practice and judicial proceedings. She stressed that judges must develop adequate technological knowledge to properly assess digital evidence and emerging technologies.
She explained that while technology has become an important tool in the justice system, it cannot assume the role of judges in making judicial decisions.
According to her, judicial decision-making extends beyond applying legal rules. It involves interpreting the Constitution, assessing the credibility of witnesses, balancing competing rights and exercising judicial discretion and conscience.
“Technology is an instrument of justice. It can never become its substitute,” she said, adding that these constitutional responsibilities cannot be transferred to algorithms or artificial intelligence systems.
The Chief Justice also raised concerns over the increasing use of opaque AI systems, commonly referred to as “black boxes,” warning that they could undermine the constitutional right to a fair hearing.
She explained that Section 36 of the Constitution guarantees every litigant the right to understand and challenge the evidence and reasoning behind judicial decisions, a principle that may be difficult to uphold where AI systems cannot clearly explain how conclusions are reached.
Justice Kekere-Ekun further cautioned that the emergence of AI-generated or synthetic evidence would present new legal challenges for the courts, particularly in determining issues of authenticity, reliability and accountability.
She maintained that although artificial intelligence can improve administrative efficiency, assist in legal research and help organise information, the final responsibility for determining legal rights must remain with judges, who are constitutionally accountable for their decisions.
Speaking on judicial reforms, the CJN said technology offers one of the greatest opportunities to improve access to justice by reducing delays, lowering litigation costs and eliminating geographical barriers that prevent many Nigerians from accessing the courts.
She noted that the Nigerian judiciary has already recorded significant progress through electronic filing, virtual court proceedings and digital case management systems, supported by existing laws that recognise electronic evidence and address cybercrime.
Justice Kekere-Ekun also disclosed that the Supreme Court is concluding arrangements for the implementation of the National Case Management System (NCMS), describing it as one of the most significant institutional reforms in the history of the apex court.
According to her, the integrated digital platform will allow appeals to be monitored from the point of filing until final determination while improving registry administration, case scheduling, data integrity and transparency in judicial processes.
She further announced that the Supreme Court will soon introduce the Mandatory Upload of Electronic Copies of Processes, Record of Appeal and Other Matters Practice Directions 2026, which will require litigants to submit electronic copies of court documents alongside physical filings.
The initiative, she said, will create a secure digital archive of court records, reduce delays associated with physical documentation, improve access to case materials for justices and promote faster determination of appeals.
Describing the ongoing reforms as more than technological upgrades, the Chief Justice said they are designed to strengthen the administration of justice, improve the experience of litigants, enhance lawyers’ productivity and boost public confidence in the judiciary.
She, however, warned that digital transformation must not create new obstacles 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 of Nigeria’s justice system, Justice Kekere-Ekun said the country possesses Africa’s largest legal profession, one of the continent’s busiest judicial systems and a rapidly expanding technology ecosystem.
She said Nigeria’s goal should not be to copy other countries but to develop digital justice solutions that reflect its constitutional principles and institutional realities.
“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.
The Chief Justice concluded that Nigeria has a unique opportunity to build Africa’s leading digital justice system by leveraging the strengths of its judiciary, legal profession and technology sector while remaining firmly rooted in constitutional values.

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